Pros and Cons of indeterminate Sentencing This means that a judge cannot offer probation or another alternative to prison if state law calls for a prison sentence to be imposed. Similarly, states that practice determinate sentencing prohibit judges from straying from the penalty that is to be imposed. This is due to minimum sentences that are imposed by law and that depend on the type of crime committed. States that practice determinate sentencing prohibit judges from determining the length of an individual’s sentence. Statements made by the inmate indicating his intention to re-offend upon his release Indeterminate Sentencing vs.Evidence that the inmate may be likely to engage in criminal activity again upon his release, such as harassing the victim(s) in his case, or using or selling drugs.The inmate’s behavioral history while in jail.The inmate’s participation, or lack thereof, in rehabilitation programs or resources made available to him.Concerns about the inmate’s potential release insofar as the public’s safety.The length of time the inmate has served to date.The original recommendation by the judge and prosecutor on the case.Once recalled, an offender must stay in custody until released by the PCNI. a prisoner applies to the PCNI after 10 years on licence, to consider if it is necessary to keep the conditions. the licence is revoked by the Department of Justice or Secretary of State and the prisoner recalled to prison where it is considered that it is necessary for the protection of the public - this will happen through a referral by PBNI to the PCNI for the recommendation of a revocation but can happen in urgent situations without an initial recommendation.An offender is liable for recall to custody if they break their conditions. ICS prisoners who are released have standard licence conditions as well as bespoke conditions prescribed by the Department of Justice or Secretary of State, which will stay in place for at least 10 years after the release date and sometimes for the rest of their lives.ĭuring the licence period, conditions of a licence can be added, varied or cancelled in consultation with the PCNI. Where the decision has been taken not to release a prisoner at the tariff date, the Department of Justice or the Secretary of State must refer the case to the PCNI within two years, or sooner if recommended by PCNI. A referral will be made to PCNI by the Department of Justice or the Secretary of State (where matters of national security are involved) to consider release around six months before the tariff date.Īn ICS prisoner will stay in custody until they have demonstrated to the satisfaction of the PCNI that they can be released safely into the community. The tariff must be a minimum of two years. Offenders serving an ICS will be given a “tariff” date which is the earliest date that they may become eligible for consideration for release by the Parole Commissoners (PCNI). When someone commits a serious sexual or violent offence listed in schedule one of the Criminal Justice (Northern Ireland) Order 2008 and the court believes the offender is likely to commit similar offences, they can give an ICS sentence. If the court decides that an ECS isn't enough to protect the public, then an ICS will be imposed. In any case where a life sentence is not suitable for a person convicted of a serious sexual or violent offence, the court can impose an ICS or an extended custodial sentence (ECS). Receiving an indeterminate custodial sentence (ICS) This page has information on indeterminate custodial sentences (ICS).
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