Imprisonment is the most severe sentence available to the courts. Custodial sentences are reserved for the most serious offences and are imposed when the offence committed is “so serious that neither a fine alone nor a community sentence can be justified for the offence” (section 230(2) of the Sentencing Code). A custodial sentence may be imposed where the court believes it is necessary to protect the public. The length of the sentence depends on the seriousness of the offence and the maximum penalty for the crime allowed by law. Parliament has also introduced minimum sentences for some serious offences that must be imposed unless there are exceptional circ*mstances:
- seven years’ imprisonment for a third Class A drug trafficking offence
- three years for a third domestic burglary
- five years for certain firearms offences
- six months for a second offence of possessing a weapon
- six months for threatening with a weapon.
Types of custodial sentence
There are a number of different types of prison sentence that the courts can impose:
When an offender is released from prison will depend on the type of sentence.
In 2022, around 68,000 defendants were given an immediatecustodial sentence, representing6 per cent of offenders sentenced that year. (These statistics are taken from the Ministry of Justice’sCriminal justice system statistics quarterly publication.)
FAQs
There are four main aims of custodial sentencing: incapacitation (to protect other people); rehabilitation (using education and treatment programmes to change offender behaviour); retribution (to show society and the victim's family that the offender has been forced to pay for their actions); and deterrence (to prevent ...
How to convince a judge to reduce a sentence? ›
Your criminal defense attorney can speak on your behalf to try and get a reduction in sentencing. Some factors the court may consider include: Showing remorse and regret and taking responsibility for your actions.
Can judges sentence whatever they want? ›
There are many occasions over the course of criminal cases where the Judge gets to decide what the sentence will be. If someone loses a trial, then the judge can sentence someone to whatever they want within the range of sentences prescribed by statute.
How to get a lighter sentence? ›
How to Get a Prison Sentence Reduced
- Finding an Error in the Sentencing Order.
- Cooperating After Sentencing.
- Petitioning for a Commutation.
- Completing Alternative Programs.
- Filing a Motion.
These include the following: depression (due to loneliness and boredom); suicide and self-harm (particularly at the beginning of incarceration); psychotic disorders (e.g. many prisoners have been found to suffer hallucinations and delusions); anxiety disorders (e.g. post-traumatic stress disorder).
What does it mean to receive a custodial sentence? ›
A custodial sentence is a judicial sentence, imposing a punishment consisting of mandatory custody of the convict, either in prison or in some other closed therapeutic or educational institution, such as a reformatory, (maximum security) psychiatry or drug detoxification (especially cold turkey).
What can't you say to a judge? ›
Do Not Exaggerate, Mislead, or State Anything Untrue. It goes without saying that you should never lie to a judge (that is perjury), but you should also avoid exaggerating the facts or misleading the court about any issue. Most judges can sense when a witness is stretching the truth, and they do not appreciate it.
What factors cause a judge to give out a harsher sentence? ›
Typical aggravating factors considered by judges include:
- Heinousness of the crime.
- Whether it was a violent offense.
- The seriousness of the offense.
- Lack of remorse.
- Prior conviction in criminal history.
- Whether the defendant has committed similar crimes over a period of time.
The judge will read the letters of support before the sentencing hearing and will consider them in deciding the defendant's sentence. Some letters of support can be very effective in persuading a judge to give the defendant a shorter sentence.
What do judges look at when sentencing? ›
To decide the sentence, the judge considers the facts in the case, the sentencing guidelines, and other sentencing laws. If either side wants, they can argue what sentence a judge should give at a sentencing hearing.
When Can a Sentence Be Changed? A judge has the power to alter a sentence before the sentence has been entered into the minutes and before the defendant has begun serving the sentence. Once a sentence has been entered, then the judge must rely on some specific statute to modify a sentence.
Do judges consider age when sentencing? ›
The defendant's personal circ*mstances: Judges may also consider the defendant's personal circ*mstances, such as their age, mental health, and family situation when deciding on a sentence.
What is a rule 35 reduction in sentences? ›
Federal Rule of Criminal Procedure 35(b) permits a court, upon the government's motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.
How do you ask for reduction in a sentence? ›
Depending on the rules of the jurisdiction, a motion may be in writing or made orally before the court. In order to ask for a more lenient sentence, usually, a defendant's attorney can file what is called a motion for modification of sentence. The exact phrasing of the motion title may vary by state.
Can a judge add time to a sentence? ›
Anytime it is in the interests of justice for an inmate's sentence to be modified, the court may consider doing so.
What are the strengths of determinate sentencing? ›
Pros of determinate sentencing include:
- The length of a sentence for a person convicted of a crime does not change once decided upon.
- Sentences of similar lengths can be meted out for similar crimes, helping to create more equitable management of criminal punishment.
Positive effects include lowering levels of fear of crimes being committed in the community, but a negative effect of incapacitating a criminal could be preventing him or her from being a potentially positive contributor to the community.
What are the positives of sentencing guidelines? ›
Advantages of guidelines include an opportunity to reduce sentencing disparities, the potential for ensuring rationality in sentencing (for example, making sure that violent crimes are punished with the most severe penalties), and a chance to alleviate prison overcrowding by calibrating the guidelines in a way that ...
What are the advantages of structured sentencing? ›
Consistency: Structured sentencing helps to ensure that similar crimes receive similar punishments, which can promote fairness and consistency in the criminal justice system.
