A magistrate’s court in the United Kingdom listens to a wide majority of cases judge is at liberty to pass orders and sentences to guilty offenders, which is done at the courtroom. In a case where an offender has been proven guilty it can be noted that the magistrate hearing the case can refer the case to the Crown Court if he or she feels that they don’t have power to impose. To some extent the sentence an offender can receive by the virtue that one has appeared at a magistrates court does not adequately mean that it will be restricted to the sentencing powers of the magistrate.
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Some of the orders and sentences passed by a magistrate include; a six months prison sentence can be issued and/or fines up to £5,000, placement to community service, in case of repetition of an offence by an offender the original offence is reinstated which is a conditional discharge, and in circumstances when one suffers any kind of a lose or a personal injury victim a compensation is issued, The amount of time an individual inmate whose sentence is prison serves under correctional supervision is determined by the parole board.
A discretionary ruing as to what minimum and maximum terms should for each individual offender convicted and there is a Indeterminate sentencing where maximum and minimum sentences for each crime are established by the legislature. In the case of indeterminate sentencing the logic behind it is that the sentence should meet the needs of each offender and that the individual offender should be put in custody till there is proof that he or she has met the goal, rehabilitation. This theory states that in indeterminate sentencing, inmates can be released after serving the minimum part of their sentences by the parole board. In Senario Adenabusis’ case who has been found guilty of stealing a pair of designer trainers from a shop, this is the most applicable since he is not a first offender.
After the sentence he will still have to undergo a Probation term. It will be upon the NPS to prevent him from committing more crimes, secondly it is for them to enforce the convict’s community sentence conditions and lastly to resolve any matters arising in the offender committing his crime in the first instance. It is not the wish of the broad judicial system and the court to obviously let go of individual offenders back to the society without assistance and help to him. Jemmas case is a little bit different as community sentence for her seems appropriate as it will ensure a kind of compensation should be given back to the society affected by her crime. This is the theory behind community sentencing.
When an offenders time sentence is reduced while prison this is known as a good time law. Good time laws and early paroles are examples of sentence reduction programs which promote discipline within the prison. In Jemmas case it can be based on a socio-economic status sentencing disparity because she is a mother with three children and with no previous convictions. These sentencing disparities vary like on race, region and gender basis. This has sparked off a debate by the academics especially on the race factor. It is worth noting that even after crime seriousness and prior record inclusion of controls an effect remained. The point is, the in-out decision in which the punishing of the offender is put under consideration if the individual to be punished out in the society or in a penal institution.
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