Suspended sentence

A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period, and fulfills the particular conditions of the probation, the judge usually dismisses the sentence.

Australia

See also: Punishment in Australia

In Australia, suspended sentences are commonly imposed in order to alleviate the strain on overcrowded prisons. For example, an individual may be sentenced to a six-month jail term, wholly suspended for six months; if they commit any other offence during that year, the original jail term is immediately applied in addition to any other sentence.

As of 1 September, 2014, suspended sentences no longer exist in Victoria, and in its place are community correction orders, which can be for a fixed term to ensure good behaviour.[1]

Canada

Further information: Criminal sentencing in Canada § Probation and suspended sentences

People's Republic of China

In the People's Republic of China (excluding Hong Kong and Macau), both suspended sentences and suspended sentencing (Chinese: 缓刑, also translated as a sentence "with reprieve") are featured in the criminal law. In the first situation, a fixed term sentence of three years or below can be suspended. In the second situation, sentencing does not immediately follow the guilty verdict, but instead is determined after a period of probation.

Death sentences can also be suspended (called a "death sentence with reprieve"), so that an offender who does not intentionally re-offend during the two-year suspension period of release would have the sentence commuted to a life sentence.

Finland

A suspended sentence is called ehdollinen vankeusrangaistus in Finnish, which translates to "conditional imprisonment".[2] When a sentence of imprisonment is imposed conditionally, the enforcement of the sentence is postponed for a probation period. The length of the probation period is at least one and at most three years. The probation period begins at the pronouncement or the issue of the judgment. When conditional imprisonment is imposed, the convicted person shall be notified, in connection with the pronouncement or the issue of the judgment, of the date when the probation period ends and of the grounds on which the sentence may be ordered to be enforced.

The court may order the enforcement of conditional imprisonment if the convicted person commits an offence during the probation period and the charge has been brought within one year of the end of the probation period. In this event, the conditional sentence to be enforced, the sentence for the offence committed during the probation period and the sentences of imprisonment for the other offences considered in the same trial shall be joined as one unconditional sentence of imprisonment. The court may also order that conditional imprisonment be enforced only in part, in which case the remainder of the sentence shall continue to be conditional, subject to the same probation period.

Ireland

In the law of the Republic of Ireland, the 2006 law by which a suspended sentence is activated was ruled unconstitutional in 2016. The 2006 law required that a court decision on whether to activate the suspended sentence be made as soon as a later conviction was handed down, even if there was an appeal pending for the later conviction.[3][4][5] Subsequent legislation introduced in 2017 corrected the deficiencies identified, introducing an effective appeal mechanism. [6]

Japan

Suspended sentences (執行猶予, shikkō yūyo) are common practice in Japan and can be applied in cases where a sentence is for up to 3 years in prison and/or 500,000 yen in fines. Any criminal activity during the period of the suspended sentence will result in the cancellation of the sentence and imprisonment for the prescribed term.[7]

Russia

In Russia suspended sentence (Russian: условный срок, lit. 'conditional sentence or probation') is commonplace and its application is stipulated by an Article 73 of the Russian Criminal Code.[8][9] The suspended sentences may not be applied to child offenders (the child was under 14 years old when abused), to those who have committed serious or very serious crime (the definition of which is given by Article 15 of the same Code as of 2019), or in case of crime recurrence.[8] The judge may also impose additional restrictions on how the probation must be served. Initial sentence is enforced in case of convicted failing to fulfill conditions of the probation.

United Kingdom

A suspended sentence can be applied if the term of imprisonment is under two years and the offender agrees to comply with court requirements including a curfew, performing unpaid work and rehabilitation.[10] In 2017, 5% of convictions resulted in a suspended sentence, compared to 7% immediate custodial sentences.[11]

United States

In the United States, it is common practice for judges to hand down suspended sentences to first-time offenders who have committed a minor crime, and for prosecutors to recommend suspended sentences as part of a plea bargain. They are often given to mitigate the effect of penalties.[12]

In some jurisdictions, the criminal record of the guilty party will still carry the offense, even after probation is adequately served.[13] In other cases, the process of deferred adjudication prevents the conviction from appearing on a person's criminal record, once probation had been completed. [14]

In the federal system, judges' authority to suspend sentences has been abolished, by the Sentencing Reform Act of 1984, through the United States Sentencing Commission, and upheld by Mistretta v. United States.

See also

• Deferred sentence

References

1. Press, Australian Associated (1 September 2014). "Suspended sentences scrapped in all Victorian courts". the Guardian. Retrieved 7 April 2018.
2. "Rikoslaki (39/1889), 2 b luku" [Penal Code (39/1889), Chapter 2b]. Finlex. Retrieved 19 May 2020.
3. "Suspended sentence law deemed 'unconstitutional'". RTÉ.ie. 19 April 2016. Retrieved 19 April 2016.
4. Carolan, Mary (20 April 2016). "Suspended sentences are rendered useless by ruling". The Irish Times. Retrieved 20 April 2016.
5. "Criminal Justice Act 2006 [as amended]". Revised Acts. Ireland: Law Reform Commission. 11 February 2016. §99. Power to suspend sentence. Retrieved 19 April 2016.
6. "Criminal Justice (Suspended Sentences of Imprisonment) Act 2017". The Department of Justice and Equality. Retrieved 2019-11-14.
7. "裁判手続 刑事事件Q&A 執行猶予が付いているとどうなるのですか" [Criminal Cases Q&A What happens if I have a suspended sentence?]. Supreme Court of Japan. 2005. Retrieved June 26, 2013.
8. "УК РФ Статья 73. Условное осуждение" [Criminal Code Article 73. Suspended sentence]. www.consultant.ru (in Russian). consultant.ru.
9. "Criminal Code, Article 73. Conditional Sentence" (PDF). p. 28.
10. Sentencing Council. "Suspended sentences". Sentencing Council. Retrieved 26 May 2018.
11. Ministry of Justice (17 May 2018). "MoJ Sentencing Statistics". Retrieved 26 May 2018.
12. "Suspended Sentence Law & Legal Definition". Legal Terms, Definitions, and Dictionary. USLegal.com. Retrieved 23 January 2011.
13. "Definitions: Understanding Legal Words". Manitoba Courts. 23 October 2006. Retrieved 23 January 2011.
14. "What is Suspended Sentence for Felony?". Legal Terms, Definitions, and Dictionary. FelonyFriendlies. Retrieved 19 October 2019.