Chapter 5.5 Flashcards
imprisonment
What is imprisonment?
People who have been convicted of a crime (usually, for serious crimes) can be sentenced to
imprisonment. This means they will be removed from society and have to spend time in prison, losing
their freedom and liberty.
parole
the supervised and
conditional release of
a prisoner after the
minimum period of
imprisonment
non-parole period
the minimum term a
prisoner must serve
before they can be given
parole
remand
the situation where
an accused is kept
in custody until their
criminal trial can
take place
Concurrent and cumulative sentences
Concurrent Sentences: Multiple sentences are served simultaneously. For instance, a six-month sentence for theft and a two-year sentence for assault served concurrently means the offender serves a total of two years in prison.
Cumulative Sentences: Sentences are served one after the other. Using the same example, if sentences are served cumulatively, the offender would serve a total of two years and six months. Cumulative sentences are required for:
- Certain serious offences (e.g., arson, certain drug, sexual, and violent crimes)
- Default imprisonment for non-payment of fines
- Offences committed by prisoners or escape offences
- Offences committed while on parole or bail
concurrent sentence
a sanction that is to be
served at the same time
as one or more other
sentences; usually
given in relation to two
terms of imprisonment
cumulative sentence
where two sentences
are imposed, and are
to be served one after
the other; for example
a term of imprisonment
is to be commenced
after the first term is
served
Indefinite sentences
If a person (other than a young person) is convicted by the Supreme Court or the County Court of a
serious offence
The court can only impose an indefinite sentence if it is satisfied, to a high degree of probability,
that the offender is a serious danger to the community because of:
* their character, past history, health, age or mental condition
* the nature and gravity of the serious offence
* any special circumstances.
An indefinite sentence is a type of imprisonment without a set end date, meaning the offender is not given a specific release date. Instead, the sentence lasts until the court is satisfied that the offender no longer poses a serious danger to the community.
Sentencing purposes of
imprisonment
The primary purposes of imprisonment are punishment,
protection, deterrence and denunciation, given it is the most
serious sanction that can be imposed and results in a loss
of liberty. However, rehabilitation can also be achieved in
some circumstances.
punishment purpose of imprisonment
depending on how
long the term is,
imprisonment can
achieve punishment
given its punitive
nature and the fact
that offenders lose
their freedom.
specific deterrence of imprisonment
imprisonment can
achieve specific
deterrence given
the nature of
imprisonment.
general deterrence purpose of imprisonment
imprisonment can
act as a general
deterrence because
of its custodial
nature and given the
seriousness of the
sanction.
denunciation purpose of imprisonment
by taking away a
person’s liberty,
imprisonment sends
a strong message
to the community
that this type of
behaviour is not
acceptable.
rehabilitation purpose of imprisonment
rehabilitation can be
achieved depending
on the offender and
the programs.
protection purpose of imprisonment
protection is
achieved as the
offender is removed
from society, but
there should also
be consideration
to long-term
protection.