The passage discusses the Penal Reform Alternative Sentences Act 2001, which aims to give courts more options than imprisonment for dealing with young offenders. It establishes the Community Rehabilitation Department to assist courts and rehabilitate young people. The act allows courts to issue discharges, suspended sentences, community service orders, fines, or imprisonment. When determining a sentence, courts consider factors like the offense details and a pre-sentencing report. The Community Rehabilitation Department supervises sentences and offers counseling.
The document discusses the role of courts in law-making through judicial precedent. It explains that common law has developed from past court decisions dating back to King Henry II of England. Under the doctrine of precedent, higher court decisions become binding on lower courts in the same legal hierarchy. This creates consistency and predictability. The document also discusses how judges can make law through statutory interpretation and by creating new legal rules in cases where no precedent applies. It likens the doctrine of precedent to a recipe that must be followed to create judge-made law, just as a recipe must be followed to make jam.
The criminal justice system is made up of thousands of local, state and federal agencies that work to control crime and punish law violations. It involves law enforcement agencies that make over 11 million arrests each year, prosecutorial agencies that hear over 96 million cases, and correctional institutions that supervise over 7 million people. The formal criminal justice process follows specific steps - from initial contact and investigation by police, to prosecution, adjudication by courts, and corrections including incarceration, release and post-release supervision. Reforms aim to reduce incarceration and focus more on rehabilitation through treatment programs.
The document is the final jury instructions from a criminal trial of Michelle Liard and Rafal Lasota. It provides guidance to the jury on their duties, how to evaluate the evidence, and the legal principles they must follow in reaching a verdict. The judge instructs the jury that they must decide the facts based solely on the evidence presented in court, disregarding any outside information. They are also told to make their decision without bias and to accept the law as explained to them by the judge.
Because of the individual nature of a sentence, it is always best to consult with an experienced California criminal defense attorney. If you have specific questions about your sentence, however, a general overview of common probation sentencing terms and conditions may also be useful to you. Learn more about probation sentencing in California in this presentation.
The document describes the court system in the UK from Magistrates Court up to the Supreme Court. It explains that higher courts set binding precedents that lower courts must follow. The Magistrates Court handles less serious summary offenses and some either-way offenses. More serious indictable offenses are handled in the Crown Court. There is a process for appeals from lower to higher courts, focusing on errors of law or fact.
This document provides an overview of the English legal system including the structure of the courts, criminal offenses, and sentencing. It discusses the hierarchy of courts, with the Magistrates' Court handling less serious offenses and the Crown Court handling more serious indictable offenses. It describes the selection and roles of judges, magistrates, and juries in criminal trials. It also categorizes criminal offenses as summary, either way, or indictable and outlines the sentencing powers and aims of the Magistrates' Court and Crown Court.
The document discusses the role of courts in law-making through judicial precedent. It explains that common law has developed from past court decisions dating back to King Henry II of England. Under the doctrine of precedent, higher court decisions become binding on lower courts in the same legal hierarchy. This creates consistency and predictability. The document also discusses how judges can make law through statutory interpretation and by creating new legal rules in cases where no precedent applies. It likens the doctrine of precedent to a recipe that must be followed to create judge-made law, just as a recipe must be followed to make jam.
The criminal justice system is made up of thousands of local, state and federal agencies that work to control crime and punish law violations. It involves law enforcement agencies that make over 11 million arrests each year, prosecutorial agencies that hear over 96 million cases, and correctional institutions that supervise over 7 million people. The formal criminal justice process follows specific steps - from initial contact and investigation by police, to prosecution, adjudication by courts, and corrections including incarceration, release and post-release supervision. Reforms aim to reduce incarceration and focus more on rehabilitation through treatment programs.
The document is the final jury instructions from a criminal trial of Michelle Liard and Rafal Lasota. It provides guidance to the jury on their duties, how to evaluate the evidence, and the legal principles they must follow in reaching a verdict. The judge instructs the jury that they must decide the facts based solely on the evidence presented in court, disregarding any outside information. They are also told to make their decision without bias and to accept the law as explained to them by the judge.
Because of the individual nature of a sentence, it is always best to consult with an experienced California criminal defense attorney. If you have specific questions about your sentence, however, a general overview of common probation sentencing terms and conditions may also be useful to you. Learn more about probation sentencing in California in this presentation.
The document describes the court system in the UK from Magistrates Court up to the Supreme Court. It explains that higher courts set binding precedents that lower courts must follow. The Magistrates Court handles less serious summary offenses and some either-way offenses. More serious indictable offenses are handled in the Crown Court. There is a process for appeals from lower to higher courts, focusing on errors of law or fact.
This document provides an overview of the English legal system including the structure of the courts, criminal offenses, and sentencing. It discusses the hierarchy of courts, with the Magistrates' Court handling less serious offenses and the Crown Court handling more serious indictable offenses. It describes the selection and roles of judges, magistrates, and juries in criminal trials. It also categorizes criminal offenses as summary, either way, or indictable and outlines the sentencing powers and aims of the Magistrates' Court and Crown Court.
What Counties Need to Know to Implement Criminal Justice RealignmentPaul Colbert
Criminal Justice Realignment:
1. Shifts custody of felons sentenced for non-violent, non-serious, non-sex offenses to county control unless excluded by statute
2. Establishes Postrelease Community Supervision (PRCS)
3. Changes state parole revocation process
4. Tasks Community Corrections Partnerships (CCPs) with planning for the change and implementing local plans
5. Funded by diverted state sales tax, specified vehicle license fee proceeds, and some state General Fund dollars
http://www.inmatecountyjail.com
This document discusses issues with the Colombian government's approach of allowing "partial charges" in cases involving paramilitaries who are going through the Justice and Peace process established by Law 975 of 2005. Some of the main problems identified include:
1) Partial charges are unlikely to actually speed up the legal process, as cases will still need to be unified and victims will have to wait for all stages to be completed. It could also lead to confusion or multiple sentences for some paramilitaries.
2) Allowing partial charges undermines the principle of a complete and truthful confession, as paramilitaries could strategically omit crimes initially and add them later.
3) Partial charges do not align with the
U402 Part B civil procedures and the jury system Crystal Delosa
The document discusses key aspects of civil procedures and the jury system in the legal system, including pre-trial processes, remedies, appeals, and the role and effectiveness of juries. It provides details on bringing a civil case, discovery, directions hearings, trial procedures, and analyses the strengths and weaknesses of pre-trial procedures and the jury system. Recent reforms and suggestions for improving access, timeliness, and fairness are also examined.
The document discusses key aspects of the adversary system of trial. It outlines the major features of the adversary system, including the roles of the parties and judge, rules of evidence and procedure, standard and burden of proof, and need for legal representation. It also evaluates the strengths and weaknesses of these different elements. For example, it notes that while party control is important, it can also disadvantage parties and lead to increased costs and delays. The impartial role of the judge helps ensure a fair trial, but the judge's experience is underutilized. The rules of evidence aim to produce fair hearings but may exclude vital evidence.
The document provides an overview of the Australian court system, including different types of courts and their jurisdictions. It discusses:
1) The court hierarchy in Victoria, ranging from the High Court down to the Magistrates' Court. Higher courts like the Supreme Court hear more serious criminal cases and appeals.
2) The types of criminal offences and which courts hear summary offenses versus indictable offenses. More serious indictable offenses are typically heard in higher courts by a judge and jury.
3) Pre-trial procedures like bail, remand, and committal hearings in the Magistrates' Court to determine if there is a case to answer.
4) Key aspects of criminal trials like the presumption of
1. This document discusses sentencing and punishment in New South Wales, including statutory guidelines, judicial discretion, types of penalties like fines and imprisonment, and considerations in sentencing like aggravating/mitigating factors.
2. It also covers alternatives to prison such as bonds, community service, and circle sentencing for Aboriginal offenders. Post-sentencing issues are examined including security classification and parole eligibility.
3. Purposes of punishment like deterrence, retribution, and rehabilitation are outlined, as well as the role of victims in sentencing through victim impact statements. Appeals processes and other alternative methods to traditional sentencing are also summarized.
Decision to Prosecute (Criminal procedure in Kenya)Quincy Kiptoo
This document outlines factors for prosecutors to consider when deciding whether to institute a prosecution against an individual. It discusses that the decision to prosecute is important and must be well-founded. Prosecutors must apply an evidentiary test to determine if there is enough evidence to support a credible prosecution. They must also apply a public interest test to consider factors like the seriousness of the offense, interests of victims and communities, and circumstances of the offender. The prosecutor's discretion must be exercised in accordance with the Constitution and with regard for public interest, interests of justice, and preventing abuse of the legal process.
090319 EXCERPT From International Criminal Court's 09-2003 Paper On Some Poli...VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
We publish information as this as we will move to determine what Roles (if any) of COMPLICITY the International Criminal Court and its Prosecutors may be playing the the USA's Nazis/Zionists' TERRORIST Activities in their efforts to bring about the ENFORCEMENT of Adolf Hitler's "WORLD Order" presently known as the "NEW World Order!"
The document provides definitions and information about the jurisdiction and functions of the Magistrates' Court of Victoria, including that it hears approximately 250,000 criminal and civil cases annually, has original jurisdiction over summary offenses and indictable offenses heard summarily, and refers civil matters under $10,000 to arbitration. It also establishes several specialist divisions within the court to handle particular case types like family violence and drug offenses.
2015 u401 dispute resolution bodies and methodsCrystal Delosa
This document provides an overview of resolution bodies and methods in Victoria, including courts and the Victorian Civil and Administrative Tribunal (VCAT). It describes the Victorian court hierarchy, outlining the original and appellate jurisdictions of the Magistrates' Court, County Court, Supreme Court, and Court of Appeal. VCAT's structure and role in providing a low-cost avenue for resolving civil disputes in a timely manner is also summarized. Finally, the document discusses different dispute resolution methods like mediation, conciliation, arbitration, and judicial determination used by courts and VCAT in resolving civil cases.
What is probation and how Probation Services workDanielStoyanov9
The document provides an overview of probation services in Europe. It discusses the early history of probation beginning in the 18th century with charitable organizations assisting prisoners. It then focuses on the development of probation in England in the late 19th century. The document also outlines the organizational development of probation services across Europe, including centralized national structures and multi-level organization. Finally, it discusses the increasing use of electronic monitoring systems, such as GPS and RF ankle bracelets, to monitor offenders in the community and ensure compliance with probation requirements.
This document outlines the criminal court appeals system in the UK. It begins with criminal cases starting in the Magistrates Court, which can be appealed to the Crown Court. Defendants and prosecutors can further appeal to the Court of Appeal on points of law or unduly lenient/harsh sentences. The highest court is the House of Lords, which will hear appeals on important points of law or those of public importance, if permission is granted. The document provides details on the jurisdiction and appeal options at each level of the criminal courts system.
This document outlines the preliminary jury instructions for a trial involving a pregnancy discrimination lawsuit. The plaintiff, Veronika Chauca, claims she was unlawfully discriminated against when her employer, Park Management Center, failed to reinstate her after maternity leave. The defense denies the claim and says they had legitimate business reasons for their actions. The jury instructions explain the elements the plaintiff must prove, define direct and circumstantial evidence, and provide guidance on evaluating the evidence and testimony presented at trial.
The document discusses intensive supervised probation (ISP) programs, their effectiveness in reducing recidivism, and the conditions typically imposed on probationers. It provides statistics on the large number of individuals in the US subject to some form of probation or community supervision. The document also reviews the use of technologies like electronic monitoring in supervising high-risk offenders in the community.
English/Hindi
Legal Glossary
Translated from English into Hindi by Darshan Mundy
Superior Court of California, County of Sacramento
720 9th Street
Sacramento, CA 95814
Phone: (916) 874-6867 Fax: (916) 874-8229
www.saccourt.com
This document provides an introduction to Unit 4 which focuses on criminal cases and civil disputes. It outlines the key differences between criminal and civil matters and discusses the institutions that handle resolution of these cases. Specifically, it describes the Victorian court system including the original and appellate jurisdictions of the Magistrates' Court, County Court, and Supreme Court. It also discusses alternative dispute resolution methods used by courts and the Victorian Civil and Administrative Tribunal.
The document summarizes the appellate and postconviction relief processes in the US criminal justice system. It describes the different levels of appellate courts, from intermediate appellate courts to courts of last resort. It then explains the various stages of the appellate process, including filing notices of appeal, submitting briefs, oral arguments, and issuing opinions. The document also discusses options for postconviction relief like habeas corpus petitions that allow prisoners to challenge their convictions after exhausting appeals. It provides an example of the lengthy appeals process in the Robert Glen Coe death penalty case over two decades.
The document provides an overview of court processes and criminal procedures in the adversary system. It discusses key aspects of the adversary system including the roles of parties and judges, rules of evidence and procedure, and burden and standard of proof. It also compares the adversary system to the inquisitorial system. Reforms are suggested such as giving judges a greater investigative role and more flexible rules of evidence. Criminal procedures like bail, remand and committal hearings are outlined. The effectiveness of the legal system in providing fair hearings, access to justice and timely resolution is evaluated.
This document outlines the rules for prosecuting criminal offenses in the Philippines. It discusses how criminal actions are instituted by filing complaints or informations, who is responsible for prosecution, and what must be included in complaints and informations such as the accused's name, offense details, dates, and locations. It also covers amending complaints/informations, where actions can be instituted, and exceptions for certain crimes.
The National Committee for Families and Children in Belize is developing proposals for legislative reform to the juvenile justice system. They have hired a technical consultant to finalize a comprehensive policy paper on the need for reform and the intended outcomes of new legislation over a 2 month period. The policy paper will include a proposed budget and implementation plan based on consultations. It will address issues like contact with families, overcrowding, detention in adult facilities, and data collection. The consultant must have expertise in Belizean law relating to children, juvenile justice systems, and a strong understanding of human rights.
This document provides an overview of the child protection system. It explains that the child protection system aims to provide a safe environment for children and consists of several agencies working together, including the Department of Human Services, police, medical services, courts, and NGOs. The Department of Human Services investigates reports of abuse and neglect and provides services to help families. The police also investigate reports and gather evidence to determine if a crime was committed. Medical services examine children who may have been abused and provide treatment. The courts and NGOs also play roles in protecting children.
What Counties Need to Know to Implement Criminal Justice RealignmentPaul Colbert
Criminal Justice Realignment:
1. Shifts custody of felons sentenced for non-violent, non-serious, non-sex offenses to county control unless excluded by statute
2. Establishes Postrelease Community Supervision (PRCS)
3. Changes state parole revocation process
4. Tasks Community Corrections Partnerships (CCPs) with planning for the change and implementing local plans
5. Funded by diverted state sales tax, specified vehicle license fee proceeds, and some state General Fund dollars
http://www.inmatecountyjail.com
This document discusses issues with the Colombian government's approach of allowing "partial charges" in cases involving paramilitaries who are going through the Justice and Peace process established by Law 975 of 2005. Some of the main problems identified include:
1) Partial charges are unlikely to actually speed up the legal process, as cases will still need to be unified and victims will have to wait for all stages to be completed. It could also lead to confusion or multiple sentences for some paramilitaries.
2) Allowing partial charges undermines the principle of a complete and truthful confession, as paramilitaries could strategically omit crimes initially and add them later.
3) Partial charges do not align with the
U402 Part B civil procedures and the jury system Crystal Delosa
The document discusses key aspects of civil procedures and the jury system in the legal system, including pre-trial processes, remedies, appeals, and the role and effectiveness of juries. It provides details on bringing a civil case, discovery, directions hearings, trial procedures, and analyses the strengths and weaknesses of pre-trial procedures and the jury system. Recent reforms and suggestions for improving access, timeliness, and fairness are also examined.
The document discusses key aspects of the adversary system of trial. It outlines the major features of the adversary system, including the roles of the parties and judge, rules of evidence and procedure, standard and burden of proof, and need for legal representation. It also evaluates the strengths and weaknesses of these different elements. For example, it notes that while party control is important, it can also disadvantage parties and lead to increased costs and delays. The impartial role of the judge helps ensure a fair trial, but the judge's experience is underutilized. The rules of evidence aim to produce fair hearings but may exclude vital evidence.
The document provides an overview of the Australian court system, including different types of courts and their jurisdictions. It discusses:
1) The court hierarchy in Victoria, ranging from the High Court down to the Magistrates' Court. Higher courts like the Supreme Court hear more serious criminal cases and appeals.
2) The types of criminal offences and which courts hear summary offenses versus indictable offenses. More serious indictable offenses are typically heard in higher courts by a judge and jury.
3) Pre-trial procedures like bail, remand, and committal hearings in the Magistrates' Court to determine if there is a case to answer.
4) Key aspects of criminal trials like the presumption of
1. This document discusses sentencing and punishment in New South Wales, including statutory guidelines, judicial discretion, types of penalties like fines and imprisonment, and considerations in sentencing like aggravating/mitigating factors.
2. It also covers alternatives to prison such as bonds, community service, and circle sentencing for Aboriginal offenders. Post-sentencing issues are examined including security classification and parole eligibility.
3. Purposes of punishment like deterrence, retribution, and rehabilitation are outlined, as well as the role of victims in sentencing through victim impact statements. Appeals processes and other alternative methods to traditional sentencing are also summarized.
Decision to Prosecute (Criminal procedure in Kenya)Quincy Kiptoo
This document outlines factors for prosecutors to consider when deciding whether to institute a prosecution against an individual. It discusses that the decision to prosecute is important and must be well-founded. Prosecutors must apply an evidentiary test to determine if there is enough evidence to support a credible prosecution. They must also apply a public interest test to consider factors like the seriousness of the offense, interests of victims and communities, and circumstances of the offender. The prosecutor's discretion must be exercised in accordance with the Constitution and with regard for public interest, interests of justice, and preventing abuse of the legal process.
090319 EXCERPT From International Criminal Court's 09-2003 Paper On Some Poli...VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
We publish information as this as we will move to determine what Roles (if any) of COMPLICITY the International Criminal Court and its Prosecutors may be playing the the USA's Nazis/Zionists' TERRORIST Activities in their efforts to bring about the ENFORCEMENT of Adolf Hitler's "WORLD Order" presently known as the "NEW World Order!"
The document provides definitions and information about the jurisdiction and functions of the Magistrates' Court of Victoria, including that it hears approximately 250,000 criminal and civil cases annually, has original jurisdiction over summary offenses and indictable offenses heard summarily, and refers civil matters under $10,000 to arbitration. It also establishes several specialist divisions within the court to handle particular case types like family violence and drug offenses.
2015 u401 dispute resolution bodies and methodsCrystal Delosa
This document provides an overview of resolution bodies and methods in Victoria, including courts and the Victorian Civil and Administrative Tribunal (VCAT). It describes the Victorian court hierarchy, outlining the original and appellate jurisdictions of the Magistrates' Court, County Court, Supreme Court, and Court of Appeal. VCAT's structure and role in providing a low-cost avenue for resolving civil disputes in a timely manner is also summarized. Finally, the document discusses different dispute resolution methods like mediation, conciliation, arbitration, and judicial determination used by courts and VCAT in resolving civil cases.
What is probation and how Probation Services workDanielStoyanov9
The document provides an overview of probation services in Europe. It discusses the early history of probation beginning in the 18th century with charitable organizations assisting prisoners. It then focuses on the development of probation in England in the late 19th century. The document also outlines the organizational development of probation services across Europe, including centralized national structures and multi-level organization. Finally, it discusses the increasing use of electronic monitoring systems, such as GPS and RF ankle bracelets, to monitor offenders in the community and ensure compliance with probation requirements.
This document outlines the criminal court appeals system in the UK. It begins with criminal cases starting in the Magistrates Court, which can be appealed to the Crown Court. Defendants and prosecutors can further appeal to the Court of Appeal on points of law or unduly lenient/harsh sentences. The highest court is the House of Lords, which will hear appeals on important points of law or those of public importance, if permission is granted. The document provides details on the jurisdiction and appeal options at each level of the criminal courts system.
This document outlines the preliminary jury instructions for a trial involving a pregnancy discrimination lawsuit. The plaintiff, Veronika Chauca, claims she was unlawfully discriminated against when her employer, Park Management Center, failed to reinstate her after maternity leave. The defense denies the claim and says they had legitimate business reasons for their actions. The jury instructions explain the elements the plaintiff must prove, define direct and circumstantial evidence, and provide guidance on evaluating the evidence and testimony presented at trial.
The document discusses intensive supervised probation (ISP) programs, their effectiveness in reducing recidivism, and the conditions typically imposed on probationers. It provides statistics on the large number of individuals in the US subject to some form of probation or community supervision. The document also reviews the use of technologies like electronic monitoring in supervising high-risk offenders in the community.
English/Hindi
Legal Glossary
Translated from English into Hindi by Darshan Mundy
Superior Court of California, County of Sacramento
720 9th Street
Sacramento, CA 95814
Phone: (916) 874-6867 Fax: (916) 874-8229
www.saccourt.com
This document provides an introduction to Unit 4 which focuses on criminal cases and civil disputes. It outlines the key differences between criminal and civil matters and discusses the institutions that handle resolution of these cases. Specifically, it describes the Victorian court system including the original and appellate jurisdictions of the Magistrates' Court, County Court, and Supreme Court. It also discusses alternative dispute resolution methods used by courts and the Victorian Civil and Administrative Tribunal.
The document summarizes the appellate and postconviction relief processes in the US criminal justice system. It describes the different levels of appellate courts, from intermediate appellate courts to courts of last resort. It then explains the various stages of the appellate process, including filing notices of appeal, submitting briefs, oral arguments, and issuing opinions. The document also discusses options for postconviction relief like habeas corpus petitions that allow prisoners to challenge their convictions after exhausting appeals. It provides an example of the lengthy appeals process in the Robert Glen Coe death penalty case over two decades.
The document provides an overview of court processes and criminal procedures in the adversary system. It discusses key aspects of the adversary system including the roles of parties and judges, rules of evidence and procedure, and burden and standard of proof. It also compares the adversary system to the inquisitorial system. Reforms are suggested such as giving judges a greater investigative role and more flexible rules of evidence. Criminal procedures like bail, remand and committal hearings are outlined. The effectiveness of the legal system in providing fair hearings, access to justice and timely resolution is evaluated.
This document outlines the rules for prosecuting criminal offenses in the Philippines. It discusses how criminal actions are instituted by filing complaints or informations, who is responsible for prosecution, and what must be included in complaints and informations such as the accused's name, offense details, dates, and locations. It also covers amending complaints/informations, where actions can be instituted, and exceptions for certain crimes.
The National Committee for Families and Children in Belize is developing proposals for legislative reform to the juvenile justice system. They have hired a technical consultant to finalize a comprehensive policy paper on the need for reform and the intended outcomes of new legislation over a 2 month period. The policy paper will include a proposed budget and implementation plan based on consultations. It will address issues like contact with families, overcrowding, detention in adult facilities, and data collection. The consultant must have expertise in Belizean law relating to children, juvenile justice systems, and a strong understanding of human rights.
This document provides an overview of the child protection system. It explains that the child protection system aims to provide a safe environment for children and consists of several agencies working together, including the Department of Human Services, police, medical services, courts, and NGOs. The Department of Human Services investigates reports of abuse and neglect and provides services to help families. The police also investigate reports and gather evidence to determine if a crime was committed. Medical services examine children who may have been abused and provide treatment. The courts and NGOs also play roles in protecting children.
The document discusses guidelines for media to protect children when reporting or covering stories related to children. It provides principles for media to respect children's privacy, dignity, and best interests. Media should obtain consent from parents before interviewing or photographing children under 18. When reporting abuse cases, children's identities should never be revealed as it could endanger them. The media is encouraged to advocate for children's issues but must consider potential consequences of irresponsible reporting like distress, negative stereotypes, or stigmatization. Overall, children's rights and safety should be the top priority in any media coverage involving children.
The National Plan of Action for Children and Adolescents (NPA) in Belize was created to fulfill promises made by Belize's government at the 2002 UNGASS for Children. The NPA was developed over a year through collaboration between government and non-government groups. It aims to ensure all children in Belize can develop to their fullest potential by achieving three main goals: receiving care and respect, applying their rights and responsibilities, and having opportunities. The NPA focuses on six key areas and uses strategies, processes, and the work of government ministries and NGOs to achieve its goals by 2015 and create a "Belize Fit for Children."
This document presents the Revised National Gender Policy of Belize. It summarizes Belize's commitments to international conventions promoting gender equality and outlines the policy's vision of a society where all people can achieve their full potential regardless of gender. The policy is guided by principles of human rights, gender equality, equity, women's empowerment, and respect for diversity. It aims to mainstream a gender perspective into all national policies and programs. The full policy document provides more detailed objectives and commitments related to health, education, wealth/employment, gender-based violence, and power/decision-making.
Volvo manufactures the A35E and A40E articulated haulers. As the world's leading manufacturer of articulated haulers since developing the concept in the 1960s, Volvo reinforces its position with the E-series. The A35E and A40E are reliable, productive, and cost-effective machines for hauling various loads in demanding conditions. Volvo's telematics and monitoring systems help operators maximize uptime and efficiency.
The National Committee for Families and Children is hiring a technical consultant to help develop proposals for juvenile justice legislative reform in Belize. The consultant will finalize a comprehensive policy paper based on consultation sessions that identifies reasons for reform, intended outcomes, a model budget, and implementation plan for proposed legislation. The policy paper will provide estimated costs for processing, transporting, and detaining children through different stages of the juvenile justice system. It will also clearly outline the aims, objectives, and actions needed to fully implement new legislation. The consultant will have two months to complete this work and must have knowledge of Belize's juvenile justice system and human rights approaches.
This document provides information about Maatouks Law Group, a criminal defense law firm located in Sydney, Australia. It summarizes the firm's areas of criminal law expertise, including bail applications, guilty pleas, sentencing options, and defenses for common offenses. Potential clients are assured that solicitors have expertise in criminal law and familiarity with the criminal justice system to provide strong defenses. The document also lists penalties for offenses like assault, drug crimes, fraud, and more.
Judges have considerable freedom in determining appropriate sentences for convicted criminals. They must consider precedents, circumstances of the offense and offender, and the goals of sentencing such as deterrence, rehabilitation, and retribution. More recently, there has been a focus on diversion programs as alternatives to imprisonment to reduce costs and prevent further criminal socialization. Conditional sentences allow offenders to serve time in the community under supervision for crimes with sentences under two years.
Once a person is found guilty of a criminal offense, the court must impose a sentence. Sentences can range from prison time to fines to unconditional discharges. Judges consider factors like the offense committed, the offender's background, and the aims of sentencing which include punishment, deterrence, rehabilitation, protection of the public, and reparations. Sentencing also depends on things like whether the offender has a criminal record or mental health issues. Different types of sentences include custodial sentences, community sentences, fines, and discharges. Special considerations are made for young or mentally ill offenders.
The document provides an overview of the criminal justice system, including:
1) It defines criminal justice and outlines the key stages from arrest through to sentencing.
2) It discusses the two main models of criminal justice - crime control which prioritizes repression of crime, and due process which prioritizes preventing unfairness.
3) It examines the use of experts in criminal cases and how they can either support crime control by aiding convictions or support due process by ensuring accurate examination of evidence.
no conviction recorded
caution
fine
bond
suspended sentence
probation
criminal infringement notice
penalty units
community service order
home detention
periodic detention
forfeiture of assets
imprisonment
diversionary programs
If you are found guilty of a crime, there are a few different ways to avoid a prison sentence in Canada. Two of the most common alternatives to a prison sentence for less severe offences are a Conditional Discharge and an Absolute Discharge.
A “discharge” is also a finding of guilt without a conviction. Since a discharge isn’t a conviction, after a certain number of years, the discharged offence will be removed from the criminal record searches without the need to apply for a pardon.
How To Be Granted A Discharge – The Legal Requirements
The sentencing judge must find, that granting the discharge:
1. Would be in the best interests of the accused; and
2. The discharge must not be contrary to the public interest.
Other factors to consider are:
• Discharges are only available for crimes where the minimum punishment is less than 14 years imprisonment.
• Although discharges will not appear on most criminal record searches, they can be referred to if there is a criminal conviction in the future, and it will likely impact future sentences. It is very uncommon for a repeating offender to receive multiple discharges.
An Example Where A Discharge May Be Granted
You may be asking yourself, what kind of offender could get a discharge, let’s work through an example:
• The offender is an abused woman, Jane Doe; her partner, Jeff Doe physically, and emotionally abuses her and controls the family money,
• Jane’s family income is low,
• Jane secures a part-time job and is accepted into a college program, against her husband’s wishes,
• Jane’s husband sabotages her efforts and forces her to quit,
• In a fit of despair, Jane smashes her husband’s car windows with a hockey stick before leaving with her children to an abused women’s shelter,
• In an effort to force her to return home, Jeff calls the police, and Jane is charged with Mischief under $5000.
Jane retains a criminal defence lawyer; Jane does not deny what she did, so she pleads guilty. Her criminal lawyer can now argue to the judge that Jane should get a discharge because.
1. It would be in Jane’s best interests not to be convicted; she would be unable to move forward in her quest for independence if a criminal record stopped her from finding work.
2. The public interest would be better served by allowing Jane to work towards providing for herself and her children; a criminal record would hurt her chances of doing that.
Types Of Discharges
There are two types of discharges, a conditional discharge and an absolute discharge; below we will examine both types:
1) Conditional Discharges
Often, at the completion of criminal proceedings (following a trial or a guilty plea), offenders will mention that they received “probation”; however. there is no stand-alone sentence of probation. Probation is typically one aspect of another type of sentence. Many people given probation, in fact, received a Conditional Discharge. A Conditional Discharge is given, and an accused must then complete the “conditions” of the sent
This document provides an overview of civil and criminal trials. A civil trial settles non-criminal disputes between parties, following procedures outlined in a country's code of civil procedure. It aims to resolve accusations brought by a government against someone accused of a crime. A criminal trial has pre-trial stages like registering a police report and investigation, and trial stages such as framing charges, presenting evidence, final arguments, sentencing and judgment. Criminal law is governed by codes like the Indian Penal Code and Criminal Procedure Code, which also defines different types of criminal trials for different levels of offenses.
This law is heavily influenced by Philippine law (PRESIDENTIAL DECREE NO. 968). Individuals convicted of a crime may be excused from their punishments for a specified period of time, and the court will monitor them. The court will agree that it is preferable for the offender to avoid prison and instead be monitored by the judge. Because the law's objective is not only to punish criminals by imprisoning them, but also to assist them in changing for the better in settings other than prison, such as those on probation.
Criminal Justice System - Review 2022.pptxLloydrafael
The criminal justice system of the Philippines consists of five pillars - law enforcement, prosecution, courts, corrections, and the community. The law enforcement pillar is the first contact for offenders through detecting crimes and making arrests. The prosecution pillar then conducts preliminary investigations and inquests to determine if there is probable cause. If so, a case is filed in court. Courts make determinations of guilt or innocence. If an offender is found guilty, they serve their sentence in the corrections pillar. Upon release, offenders reintegrate into society in the community pillar. This process aims to achieve both justice and crime control according to the Philippine Constitution.
The document provides an overview of the criminal justice system in Bangladesh and the role of police within it. It discusses how the criminal justice system works through investigation, prosecution, trial, and corrections phases. It outlines the key responsibilities of police such as investigating crimes, collecting evidence, making arrests, and assisting with prosecution. Police aim to advance justice by thorough investigations while respecting rights of accused. The goal is to reassure victims while limiting delays and pretrial detention.
The document summarizes Scotland's criminal court system. It describes that Scotland has separate criminal courts from England and Wales dating back to the 170s. There are two types of criminal procedures - solemn for serious offenses tried by judge and jury, and summary for less serious offenses tried by sheriff alone. The majority (96%) of cases are dealt with via summary procedure. The different criminal courts in Scotland are also outlined, ranging from the High Court of Judiciary for most serious crimes to Justice of the Peace Courts for minor offenses.
Types of court ordered punishment in CanadaMr. Finnie
The document outlines various types of court-ordered punishment including suspended sentences, probation, fines, restitution, community service, and imprisonment. A suspended sentence allows an individual to avoid punishment if they do not reoffend during a specified period. Probation involves restrictions like reporting to a parole officer. Fines and restitution require monetary payments. Community service and imprisonment for less than two years involve non-monetary punishments. Imprisonment for more than two years results in federal penitentiary with possibility of parole.
The document discusses probation as an alternative to imprisonment in India. It provides context on the historical development of probation laws and highlights some key differences between the Probation of Offenders Act and the Code of Criminal Procedure. It also outlines the procedure for probation services, benefits of probation, criticisms against it, and challenges to effective implementation in India, such as lack of supervision requirements and courts not considering probation officer reports.
This is a powerpoint that contains basic information on Lay Magistrates, and it informs you on how you can become a magistrate for your local magistrates court. It also has a link at the end of the powerpoint so you can apply to be a magistrate.
Probation in Nebraska: What You Need to KnowTom Petersen
If you are convicted of a criminal offense in the State of Nebraska you may be sentenced to serve a period of time on probation in addition to, or in lieu of, a period of incarceration. Learn more about probation in Nebraska in this presentation.
Only experienced California criminal defense attorney can review the facts of your case and provide you with advice about your eligibility; however, a basic understanding of the criteria for dismissal and the procedures involved may be beneficial in the meantime. Learn more about dismissing criminal conviction in California in this presentation.
House arrest represents a significant deprivation of liberty. While it may be less harsh than an actual sentence served in jail, it is as restrictive as it sounds. When used by the courts as punishment (as opposed to a “house arrest” bail condition), it is considered to be a period of incarceration served within the community – known as a Conditional Sentence Order (CSO).
This document summarizes Philippine laws related to probation and parole. It provides details on the history and provisions of probation laws like Presidential Decree 968 and amendments. Key information covered includes eligibility requirements for probation, the application and review process, conditions of probation, rights after termination, and differences between probation, imprisonment and parole. The document also outlines the parole system established by the Indeterminate Sentence Law, eligibility criteria, disqualifications, and the composition and powers of the Board of Pardons and Parole.
The document provides an overview of relevant provisions under the Code of Criminal Procedure (CrPC) and Indian Penal Code (IPC) applicable during criminal investigations and raids. It defines key terms like cognizable/non-cognizable offenses, bailable/non-bailable offenses, and compoundable/non-compoundable offenses. It also describes the classification of criminal courts in India and their sentencing powers, as well as the complaint process and provisions regarding limitation of criminal cases.
Similar to Penal Reform Act - A Guide for Young Offenders (20)
The consultant will develop training modules and facilitate training sessions for frontline personnel on Belize's new laws regarding violence against children, including the Trafficking in Persons Act and Commercial Sexual Exploitation of Children Act. The training aims to build knowledge of how to implement these laws in line with the UN Convention on the Rights of the Child. As part of the consultancy, the consultant will also work with stakeholders to update standard operating procedures and protocols, and develop a training module to build a cadre of trainers to provide ongoing training at the community level. The consultancy will take place over 10 months in 2014 across districts in Belize.
The consultant will develop training modules and facilitate training sessions for frontline personnel on Belize's new laws regarding violence against children, including the Trafficking in Persons Act and Commercial Sexual Exploitation of Children Act. The training aims to build knowledge of how to implement these laws in line with the UN Convention on the Rights of the Child. As part of the consultancy, the consultant will also work with stakeholders to update standard operating procedures and protocols, and develop a training module to build a cadre of trainers to provide ongoing training at the community level. The consultancy will take place over 10 months in 2014 across districts in Belize.
The National Children's Foundation of Belize (NCFC) is seeking a technical consultant to develop and facilitate trainings on new legislation protecting children's rights and welfare. The consultant will (1) create training modules on the Trafficking in Persons (Prohibition) Act, Commercial Sexual Exploitation of Children (Prohibition) Act, and amendments to the Criminal Code within the framework of the UN Convention on the Rights of the Child; (2) deliver 16 training sessions per district for personnel including justice, health and social workers; (3) revise protocols to align with new laws; (4) develop a train-the-trainer program; and (5) draft an implementation plan. The 10-month consult
The document announces a vacancy for a Program Coordinator position at an organization called the National Children's Federation of Belize (NCFC). The Program Coordinator would be responsible for developing and implementing strategies for child and adolescent participation, advocacy on behalf of children's rights, engaging stakeholders, establishing participation programs aligned with international standards, and monitoring/evaluating program effectiveness. Duties also include contributing to public relations, representing NCFC on committees, managing budgets/work plans, and reporting. Interested applicants should submit applications by March 14th, 2014.
This document is an application form for the Kid O' Rama Show. It requests contact information from the applicant such as name, address, phone number, email, school, and date of birth. It also asks why the applicant wants to join the show and requires them to attend weekly meetings on Wednesdays and Thursdays at 4:00pm. Applicants must also be available for the live taping of the show on Fridays at 6:15am. Successful applicants will be notified by January 17th, 2014.
The document advertises for members of the Kid O' Rama Crew for a children's television show that promotes children's rights. Applicants must be between 11-15 years old, have parental consent, and be committed to weekly meetings. They should have skills in areas like public speaking, research, and creative writing. Interested applicants should submit an application form by January 3rd, and crew members will be selected by January 17th.
The National Committee for Families and Children laments the loss of four year old Jaston Terry in a traffic accident and injury to his older brother. They remind motorists and cyclists to exercise caution on busy streets, and obey traffic laws, including prohibitions on drunk driving. They also believe law enforcement needs to improve transporting the deceased with dignity. The incident shows a need for better cordoning off of crime scenes from children. Media are asked to treat such incidents with sensitivity for grieving families and viewers. As the holidays approach, they ask for continued protection of children and zero tolerance of violence against them.
The National Committee for Families and Children released a press statement expressing concern over a newspaper article that downplayed the severity of sexual abuse against children. The press release calls for a paradigm shift in cultural beliefs that enable child abuse by establishing a zero-tolerance policy. It urges families, communities, and the media to support legal amendments protecting children and participate in ongoing dialogue to fulfill Belize's commitment to children's rights under the UN Convention on the Rights of the Child.
The document discusses the right to education as outlined in the Convention on the Rights of the Child. It explains that while nation states have an obligation to provide equal access to education, developing countries like Belize face challenges in meeting this goal due to limited resources. It summarizes some of the initiatives taken by the Belizean government to progressively increase access to education, such as free primary education and financial assistance programs, but notes there is still work to be done to ensure all children can exercise their right to a quality education.
This document provides safety guidelines for children participating in September celebrations in Belize. It recommends that carnival groups ensure written parental consent for children, prepare children physically, provide food and water, implement safety measures to prevent lost or abducted children, and establish dress codes. It also advises parents to ensure children do not attend adult events, are not left unattended, and know contact details in case of separation. The goal is for children to enjoy celebrating their culture and heritage in an empowering and age-appropriate manner.
The National Committee for Families and Children is seeking young volunteers between ages 14 to 17 who possess strong communication skills and knowledge of children's rights to participate in an advocacy event and television program. Volunteers must be mature, dedicated team players willing to attend weekly meetings and trainings. Interested youth should contact the National Committee for Families and Children by September 13th to pick up an application form.
The National Committee for Families and Children reminds media houses of their responsibility to protect children's identities when reporting news. It refers to guidelines circulated previously that say a child's identity should be protected if knowledge of it could adversely affect the child. For a recent house fire story where children's names were reported, the names did not add substance or serve public interest. As a self-regulating industry, media are asked to treat protecting children's identities with importance in every instance.
The document discusses gender and development, noting that while progress has been made in human and women's rights, vast economic and social differences remain between genders globally that hinder individual potential. Public policies can perpetuate or eliminate discrimination, so policymakers must focus on gender equity by systematically removing discrimination and giving equal opportunities to women and men. The revised National Gender Policy 2013 aims to reduce gender disparities in access to resources and create an environment where all can achieve their full potential by focusing on health, education, wealth generation, gender-based violence, and power/decision-making. The policy takes a gender perspective on development issues and mainstreaming gender by stimulating reflection and strategic actions to create opportunities for women and men.
The document establishes and outlines the functions of the National Committee for Families and Children in Belize. The Committee consists of senior representatives from various government ministries and organizations involved in social services, education, health, law, and children's issues. It aims to promote and monitor the implementation of children's rights conventions and goals, ensure standards of child protection are upheld, recommend policies to support families and children, and facilitate coordination between organizations providing services. The Ministry oversees the Committee's work and implements its recommendations.
This document provides a summary of the Subsidiary Laws of Belize relating to the Families and Children Act. It includes the following:
1) Families and Children Act (Commencement) Order which sets the commencement date of the Act as August 1, 1998.
2) Families and Children (Child Abuse) (Reporting) Regulations which establish guidelines for reporting, investigating, and handling cases of suspected child abuse. It defines child abuse and outlines reporting duties for medical professionals, social workers, teachers and other professionals working with children.
3) Families and Children (Protection of Children) (Belize City) Regulations which provide additional regulations for protecting children in Belize City.
This document provides a summary of Belize's Families and Children Act from 2000. It outlines the act's purpose to establish rights for children and families, define key terms like "child", "parent", and "guardian", and set guidelines for child custody, maintenance, care and protection, adoption and foster care. The act also establishes a National Committee for Families and Children to provide oversight of its implementation.
The fourth edition of Facts for Life contains essential information that families and communities need to know to raise healthy children. This handbook provides practical advice on pregnancy, childbirth, childhood illnesses, child development and the care of children. This edition also features a new chapter on child protection. The book is intended for parents, families, health workers, teachers, youth groups, women’s groups, community organizations, government officials, employers, trade unions, media, and non-governmental and faith-based organizations.
The National Committee for Families and Children expresses condolences for the deaths of three children and calls for strengthening support for families. It emphasizes that raising children requires a community effort and that government and organizations must coordinate to ensure at-risk families can access needed services. The NCFC also notes that various support programs and organizations are available to assist struggling families and urges responsible media coverage of cases involving children.
This document provides guidelines for media reporting on issues involving child protection in Belize. It outlines standards of accuracy, sensitivity, and upholding children's rights to privacy when reporting on topics regarding their safety, education, health and welfare. The guidelines state that children under 18 should not be interviewed or photographed without parental consent, and their identities should be protected in cases where public knowledge could adversely affect them, with exceptions for those 16 and older who are charged as perpetrators by police. It also addresses avoiding stereotypes, verifying information, obtaining consent, and discretion when portraying children in explicit images related to news stories.
The document outlines principles and guidelines for ethically reporting on children developed by UNICEF. The principles stress respecting children's rights and protecting their dignity, privacy, and best interests. Guidelines for interviewing children recommend obtaining permission, avoiding harm, and ensuring children are comfortable. Guidelines for reporting specify how to protect children's identities when discussing sensitive topics and confirm the accuracy of their stories.
3. PENAL SYSTEM REFORM
ALTERNATIVE SENTENCES ACT
2001
The Penal Reform Alternative Sentences Act is a law that was passed with
young offenders in mind. Before the passage of this law, those working
with young people who committed crimes felt that the Courts were limited
in what they could legally and appropriately do to help young offenders to
be responsible for the mistake they had made and get there lives back on
track. In many cases the only thing that the Court could do was to send a
young offender to jail.
The Penal Reform Alternative Sentences Act was passed to give the Courts
the authority to find more positive ways to deal with a young offender,
other than sending him/her to jail. It also establishes a government de-
partment, the Community Rehabilitation Department, to assist the Court
in its work and to help young people in many other ways.
Although the Act or law can also be used with adults who
commit non-violent crimes, its focus is young people un-
der the age of eighteen years who have committed
crimes or offensces.
What is this Act about? It is about:
• The different penalties (punishment), which a criminal
Court can sentence you to, if you are found guilty of
certain offences.
• The information the Court considers in deciding
what penalty it should sentence you with.
• How these penalties are to be carried out
once the Court passes its sentence.
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4. Offences that apply to this Act
An offence is something that is done that is against the law. The offences
that apply to this act are:
1. Theft by a first offender of less than $500
2. Provocation to fight
3. A first offence involving smoking or using cocaine or marijuana
4. Failure to pay maintenance
5. Any first offence in Part II of the Summary Jurisdiction (Offences)
Act. These include disorderly conduct, drunkenness, and trespassing.
P OWERS O F T HE C RIMINAL C OURT
Q : What penalties can I be sentenced to?
A penalty is a punishment for a crime or offence. The Court will review your
case and can order ANY of the following penalties:
1 . Absolute Discharge
In this case, the Court does not order any penalty for the offence. You are
free to go, as if you were never convicted. This does not appear on your
criminal record.
Remember: The Court does not have to order an abso-
lute discharge, but does so if it believes such action is
best considering all of the circumstances.
2. Conditional Discharge
No penalty is ordered for the offence com-
mitted. This will not appear on your criminal
record. BUT if another offence is commit-
ted within three years or less, THEN the
Court can sentence you for both offences,
2
5. that is, the first offence for which you were given conditional discharge and
the new offence.
3 . Suspended Prison Sentence
The Court orders a term of imprisonment for the offence committed, BUT
orders that you do not actually have to go to prison at that time. HOWEVER
HOWEVER,
if another offence is committed, one for which you could be sent to prison
for six months or more, THEN the Court may order you to go to prison,
THEN,
either for the full term of the suspended sentence or for lesser time. A
suspended sentence DOES appear on your criminal record.
4 . Community Service Order
Instead of going to prison, the Court may order you to do some kind of work
or service to help the community. The Court will decide how long you have
to do this work. A community service order can be made IN ADDITION to
any other sentence given by the Court. KNOW that you, the young offender,
KNOW
MUST agree to a community service order before the Court can order it.
MUST
5 . Fines
Here, you are ordered to pay a sum of money to the Court, instead of going
to prison.
6 . Imprisonment (Custodial Sentence)
Sending you to prison is the last thing that the Court wants
to do. Therefore, if the Court does send you to jail, it is be-
cause the Court feels that it is the best penalty, consider-
ing the circumstances of your case.
3
6. H OW T HE C OURT M AKES
I TS D ECISION
The main consideration of the Court, when deciding what sentence to give
you, the young offender, is that “the seriousness of the punishment must
the must
match offence.”
match the seriousness of the of fence
The aim of sentencing is to rehabilitate you, the young offender. Rehabili-
tation means you are assisted in changing your behavior so that you are
better able to participate in society.
When the Court is in the process of deciding what sentence to impose on
you it must consider the following:
• Any information that the Court has on you, the offender,
such as your background, obligations, record of past convic-
tions, etc.
• Information regarding the offence committed, as well as
the way in which the offence was committed
• Information about the victim, if relevant
• Description of the work it is proposed you do, if you
are given a community service order
• In cases where the Court is considering
a community service order or a custodial
sentence, the Court MUST obtain a Pre-Sen-
tencing report from the Community Reha-
bilitation Department, so that it can have
the necessary information with which to
form an opinion about your sentence.
4
7. COMMUNITY REHABILITATION
DEPARTMENT
The Community Rehabilitation Department directly assists the Court in
carrying out the task of sentencing persons convicted of criminal offences
under the Penal Reform Alternative Sentencing Act 2001. The officers of
this Department are called Community Rehabilitation Officers.
The following are some of the roles of the Department which may directly
affect you:
• Prepare pre and post-sentencing reports about you, for the Court
• Supervise you when you are sentenced to a community service order
• Supervise you when you are put on probation
• Offers counseling to you if the Court orders you to undergo
counseling
• Offer counseling to your parents, if you are under 18
years of age, and the Court orders your parents
undergo counseling
• Report to the Court if you do not obey
the terms and conditions of the com-
munity service order.
• Explain the terms and conditions of
your sentence to you so that you
will have a clear understanding
of your sentence.
5
8. F REQUENTLY A SKED Q UESTIONS
Absolute and Conditional Discharge
Q : What does the Court do before it sentences you to a
discharge?
A: Before ordering a discharge, the Court must first review the facts of your
case.
The Court may ask for a PRE-SENTENCING REPORT, prepared by a Com-
REPORT
munity Rehabilitation Officer. The report usually includes:
• Information about the offence committed and how it was
committed
• Your character and your plans to change the behavior
which brought you before the Court
• Results of the interview with you and your parents, if
you are under 18 years of age
• Interview with any victims of the offence you
have committed
• And any other relevant information regard-
ing the circumstances of your case
After the Court has reviewed ALL the infor-
mation presented and it believes that it would
make no practical sense to send you to
prison, THEN a discharge can be ordered.
THEN,
you
Q: What happens if you commit
off
another offence while on conditional
discharge?
discharge?
A: The Court can sentence you for both offences,
namely, the offence for which you are on conditional
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9. discharge, AND the new offence you committed. YOU WILL HAVE TO SERVE
HAVE TO SERVE
BOTH SENTENCES.
BOTH
Sentence
Suspended Sentence
Court
Q: What does the Court do when ordering a suspended
sentence?
sentence?
A: The Court must first consider ALL the circumstances of your case. A
Suspended Sentence is ordered when the Court believes that if it did not
have the power to order a suspended sentence, it would have to send you
to prison.
When a Suspended Sentence is ordered, the Court explains that IF you
commit another offence, for which you could be sent to prison for six months
or more, THEN you may be ordered to serve EITHER the full term of the
suspended sentence, OR a lesser time.
you given sentence for
Q: What happens if you are given a suspended sentence for
off term for off
one offence AND a prison term for another offence, at the
same time?
A: The Court will order you to serve both sentences at the same time.
Fines
Court tak into
ake before
Q: What does the Court take into account before it
makes you pay
makes you pay a fine?
A: The Court may take your
financial means into
account, so far
as they are
known to the
Court AND any
other informa-
tion which it
might find
helpful.
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10. Custodial Sentence
Q : What kind of information can the Court take into
consideration?
A: The Court can use all available information about the circumstances of
the offence, including aggravating and mitigating factors.
Aggravating factors are things which make the offence committed worse,
ggrav factors
actor
such as excessive violence, actions caused by racism or the use of a
weapon.
Mitigating factors are things which serve to partly explain or excuse the
factors
actor
commission of the offence, such as an urgent need for self defense, the
urgent need to defend another person and non-violence.
The Court can also consider the Pre-Sentencing Report prepared by the
Community Rehabilitation Officer. This report usually in-
cludes information on you and your plans to change the
behavior which brought you before the Court in the first
place, the results of interviews with you and/or your
parents (if you are less than 18 years), and inter-
views with the victim(s) of the crime, and any
other relevant information.
Service
Community Service Order
may Court make
Q: When may the Court make a
service
community service order?
A:
• The Court can make a community
service order once you have been con-
victed of an offence which qualifies for
such an order. (See list of offences in the first
part of this guide).
• The Court must ask you whether or not you agree
to the order
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11. • The Court will also consider the Pre-Sentencing Report which should
include information about you, and description of the work it is pro-
posed that you do.
• The Court must also be convinced that you are a suitable person to
perform the work under the community service order, and that arrange-
ments have been made for you to do the work and be supervised.
factors
actor Court tak into
ake
Q: What other factors can the Court take into account when
service
making a community service order?
A: The Court will consider your religious beliefs; the times you normally
work or attend an educational institution. The Court will also ensure that
you are required to work within your district, preferably within your com-
munity.
Q: What must the Court explain before making a community
must Court explain before
service
service order?
A:
• The Court must explain, in clear language, what happens if you com-
mit another offence while serving a community service order.
• What happens if you do not obey any of the conditions, requirements
or responsibilities under this order
• The Court also has the power to review the order upon applica-
tion by yourself or the Community Rehabilitation Department.
How service last
Q: How long will a community service order last and
how many hours
how many hours a
day you
day can you be
to wor
ork?
ordered to work?
A: A community ser-
vice order will last:
• For not more
than 12 months
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12. • Until you have performed the work required under the order and have
completed the number of hours required.
• If the order is extended, it will last until the extension expires
• You are not to work for more than eight hours per day, on Saturday or
Sunday or on public and bank holidays.
you off serving
Q: What happens if you commit another offence while serving
service
a community service order?
A: The Court dealing with the new offence will sentence you for that of-
fence and MAY sentence you for the first offence as well. This means that
the community service order, which you are serving, can be changed into
a more serious sentence.
Q: What happens if you do not obey any of the
Q:What you obey any
requirements, conditions or responsibilities under the
order?
A: You will be summoned to appear in Court. If
the Court finds that you have no reasonable ex-
cuse for not obeying, the Court may:
• Impose a fine of up to $2000 and order
you to continue the work under the community
service order;
• Cancel the community service order and
give you another sentence.
must you
Q: What must you do under
community service order?
service
A:
• Adequately perform the work stated
in the order and for the number of
hours specified;
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13. • Obey any requirements or conditions stated in the order
• Obey any reasonable requests or instruction of the Community Rehabili-
tation Officer supervising you
• Immediately notify the Community Rehabilitation Officer supervising you
of any change of address.
Q : What kind of work can a community service entail?
A: The type of work you would be asked to do includes working at hospitals,
charitable organizations (like the Red Cross), cultural institutions (like NICH),
or any institution or organization for the elderly, sick or persons with
disabilities. You may also be asked to work on land for which
the government is responsible.
Q : Can your community service order be
ext
xtended,
cancelled, extended, or the type of
ork changed?
work changed?
A: Yes, all of the above, under the following circum-
stances:
• If your circumstances change and the work or
hours are no longer suitable
• No more suitable work can be found
• If you become unable to perform the work
ordered, for example: through illness
• Upon application to the Court by your-
self, or by the Community Rehabilitation
Officer
The Court makes the final decision as to
which changes will be made to the order.
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14. T HE W AY F ORWARD
Coming in conflict with the law can be very challenging. It is hoped that this
booklet has given you enough information so you will know what to expect
when dealing with the Court. As you are now aware, the Community Reha-
bilitation Department is there to support and guide you along the way.
Keep in mind that other young people, like you, have come in conflict with
the law. But with the help of the Community Rehabilitation Department,
they have served their sentences and are now working toward a positive
future for themselves.
Take for example a young man by the name of Eddy Sanchez. After serving
his sentence, he decided to turn his life around. Eddy, now 16 years old, is
in high school and is proud of his good grades. He a
member of the marine cadet corps and also vol-
unteers his time by helping to clean up his
community. Eddie’s advice to other young
offenders is to stay strong and be positive.
He advises youths to stay in school so that
they can get a good job later on in life.
The Community Rehabilitation De-
partment is very proud of Eddy,
and if he can do it, so can you!
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