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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: Latvian Prison Administration would like to know the foreign practice regarding Execution and control of court decision on imprisonment as a sentence. This information will be used to improve the effectivity of the Latvian Prison Administration and to shorten the time necessary to process documentation connected with criminal procedure and sentence execution, as well as to improve and develop the Prisoner Information System and its integration with the e-file platform.
• The decision to remand an individual in custody or to grant bail is solely a matter for the courts acting in accordance with the law. The Ministry of Justice/Government cannot intervene in any decision made by the court. • The procedures for considering bail or remand are set out in primary legislation (i.e. the Bail Act 1976). The Act creates a presumption in favour of bail for all defendants involved in criminal proceedings. This recognises that a person should not be deprived of his/her liberty unless that is necessary for the protection of the public or the delivery of justice. • However, in deciding whether or not to grant bail, the court will consider a number of factors, including: the nature and seriousness of the crime; the character of the defendant; his/her past criminal record; associations and ties with the community; the defendant’s record in regard to his/her previous commitments to bail conditions; and the strength of evidence against the defendant. The main reasons for refusing bail are that the defendant is accused of an imprisonable offence and the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail, would abscond, commit further offences while on bail or interfere with witnesses or otherwise obstruct the course of justice. • The Bail Act 1976 also allows defendants who have been convicted of an offence to be bailed whilst their case is adjourned for sentencing. The exception to this is that if the accused is charged with an imprisonable offence, bail need not be granted if the court is satisfied that there are substantial grounds for believing that if the defendant was released on bail, they would either fail to surrender to custody, commit another offence whilst on bail or interfere or intimidate witnesses or otherwise obstruct the course of justice. • The court is not bound to act as recommended by either the defence or the prosecution, or on the historic past recommendations of another court. It must decide, on each occasion, whether the defendant presents such a bail risk as to warrant custody. The court may decide to grant bail, but only under certain conditions and, should these conditions be broken, the defendant would be liable to immediate arrest. The court has to make a risk assessment, balancing the risk which releasing the defendant on bail may pose to the public or the administration of justice, against the consideration that it is a serious step to remand in custody. • Those charged with, or convicted of, homicide or rape where the defendant has a previous conviction for any of those offences are only granted bail if there are exceptional circumstances which justify it. • A magistrates’ court has the power to remand a defendant in custody for up to eight days in the first instance but thereafter may remand him/her for up to 28 days at a time (to a maximum of 56 days), provided that the defendant is present in court and has previously been remanded in custody for the same offence. • Where a court remands a defendant in custody, there are statutory restrictions (‘custody time limits’) on the time that may elapse between first appearance and start of trial. These are 56 (or in certain cases 70) days for cases being tried summarily; and 182 days in total for cases tried on indictment, i.e. in the Crown Court. The limits may be extended by the court on application (which must be made before expiry), provided that there is a good and sufficient cause for so doing, and provided that the prosecution has shown all due diligence and expedition. When the custody time limit expires, the defendant must be released on bail. • In accordance with Section 240ZA of the Criminal Justice Act 2003, all days spent in custody on remand that are relevant to the offence for which a custodial sentence is imposed will count as time served towards that sentence. • In accordance with Section 240A of the Criminal Justice Act 2003, half of the number of days spent on bail whilst subject to an electronically monitored curfew that meets the criteria will count as time served towards the sentence as directed by the court.
How is the imprisonment sentence defined (in years, months, days, hours)?• Determinate Sentences are expressed in years, months, weeks and days. • If an indeterminate sentence is imposed, the court will determine the minimum time that must be served in custody (the tariff). • The tariff will be expressed in years, months, weeks and days.
How is the beginning and the end of the sentence calculated (is it set in the court decision)?• A sentence will start on the day that it is imposed by the court, unless the court directs that it is to commence at the expiry of another sentence already in existence. • The end of the sentence date is calculated by the prison service. • The prison service will convert the sentence into days. • A year is 365 days (366 for a leap year) and months are ‘calendar months’. For example: A one year 3 month sentence imposed on 29 March 2018 will end on 28 June 2019 which is 457 days. • For determinate sentences, once the length of the sentence has been converted into days the prison service will apply the relevant release provisions for the type of sentence imposed by the court that are set out in the Criminal Justice Act 2003. • Any relevant remand to custody time and any court directed time spent on bail whilst subject to an electronically monitored curfew will count as time served towards the sentence.
How is the imprisonment sentence executed if the person was not in an imprisonment place until the time the court decision comes into effect?• Where the person is in court at the point of sentencing, they will be transferred to custody from the court and the sentence will commence on the day that it is imposed. • Where the person is sentenced in their absence, the court will issue a warrant for the arrest of the person. The prison service will calculate the sentence from the date it was imposed, but will defer the release dates by the unlawfully at large time incurred between the date of sentence and the date of arrest. • Any relevant remand to custody time and any court directed time spent on bail whilst subject to an electronically monitored curfew will count as time served towards the sentence.
Is there a short-term imprisonment sentence? If so, how is it executed?• Sentences can be imposed for 1 day or more. • The sentence will commence on the day that it is imposed. • Release will be immediate in the case of a 1 day sentence. • Generally, release from sentences of 2 days or more is at the half way point and is subject to supervision in the community for at least 12 months. • Any relevant remand to custody time and any court directed time spent on bail whilst subject to an electronically monitored curfew will count as time served towards the sentence.
If the convicted person is not allready in pre-triel detentien at the time of the final sentence or if he is being released from pre-triel by the court at the time of the final sentence, The Danish Prison and Probation Service will recieve the sentence and the convicted person will recieve a call in order to serve the sentence at a certain time and place. PS: This answer has been given by The Danish Prison and Probation Service. the remaining questions in this questionnaire should righty be adresses to The Office of The Danish Director of Public Prosecutions - we therefore kindly advice EUROPRIS to approach them, official mail: [email protected]
Is there a short-term imprisonment sentence? If so, how is it executed?When the prison sentence of 5 years or more years is imposed at the court hearing, according to the Criminal Procedure Code the court must set obligatory investigative detention (remand prison/pre-trial detention). Such investigative detention can last until the judgement is final or until the sentenced person is sent to the enforcement of the prison sentence. The time spent in investigative detention is to be calculated in total duration of the sentence. If the accused is not present at the time of the proclamation of the sentence, the arrest warrant will be issued.
How is the imprisonment sentence defined (in years, months, days, hours)?According to the Criminal Code, prison sentence can be imposed within the range from 3 months to 20 years, and the sentence of long-term imprisonment can be imposed within the range from 21 to 40 years and exceptionally 50 years in case of concurrent offences. Prison sentence up to 6 months is pronounced in full months and days. Prison sentence longer than 6 months is pronounced in full years and months. If the fine is replaces by a prison sentence, the sentence is pronounced in full day.
How is the beginning and the end of the sentence calculated (is it set in the court decision)?If the investigative detention is set, that is the beginning of the time calculated into the prison sentence. If the convicted person is admitted to prison/Diagnostic Centre from freedom, the date of the admittance is the beginning of the prison sentence. If the investigative detention was set in limited time during the criminal procedure, the court will emphasize that in the judgement and calculate that specific period in the total duration of the prison sentence.
How is the imprisonment sentence executed if the person was not in an imprisonment place until the time the court decision comes into effect?According to the Enforcement of the Prison Sentence Act, sending the convicted person to the serving of prison sentence is under the jurisdiction of the enforcement judge (with the territorial jurisdiction over the place of convict's permanent or temporary residence). If the convict is in investigative detention, he/she will be sent to the serving of prison sentence by the enforcement judge with the territorial jurisdiction over the place of the seat of the prison where the convict is placed (in investigative detention or based on the or arrest warrant).
Is there a short-term imprisonment sentence? If so, how is it executed?According to the Criminal Code, the shortest prison sentence is 3 months of imprisonment. It is enforced in the prison which is the closest to the place of convict's permanent or temporary residence, or in the prison where the convict was placed in investigative detention or based on the or arrest warrant.
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If we understand the question correctly, the situation in Scotland would be as follows. Upon conviction of a crime which the Court deems to warrant imprisonment, the Court would do one of two things – sentence the guilty individual there and then to a specific custodial sentence length or remand the convicted individual into custody while the custodial sentence length is considered and relevant reports and background information are collated to inform the sentencer’s judgement and decision.
How is the imprisonment sentence defined (in years, months, days, hours)?Imprisonment is defined in years, months and days as appropriate.
How is the beginning and the end of the sentence calculated (is it set in the court decision)?The start and end of the sentence would be calculated after the Court has specified the sentence length. The calculation, may or may not, take into account any periods spent on remand (both pre- and post- trial).
How is the imprisonment sentence executed if the person was not in an imprisonment place until the time the court decision comes into effect?N/A
Is there a short-term imprisonment sentence? If so, how is it executed?A short term sentence in Scotland is anything up to, but not including, 4 years (i.e. 3 years 364 days).
The court can decide to detain a person who is suspected on reasonable grounds (the lower degree of suspicion) or on probable cause (the higher degree of suspicion). The detainee will then be placed in a remand prison. Grounds for detention are: • the crime that the person is a suspect of can lead to imprisonment one year or more, • there is a risk that the suspect continues to commit crimes, • there is a risk that the suspect will abstain from the trial and the enforcement, • evidence may be destroyed if the suspect are at large, • the investigation may be obstructed if the suspect are at large. The court's decision about detention is reconsidered every other week. Information about how the sentenced is calculated can be found in the answer to question 3.
How is the imprisonment sentence defined (in years, months, days, hours)?The length of a fixed sentence varies from 14 days up to 18 years. There is also life imprisonment. If the sentence is for no more than two months the calculation of the sentence is counted in days. In these cases a month always is calculated as thirty days. Otherwise, the penalty period is counted in years and months. The inmate will be paroled after he or she has served two-thirds of the sentence, but the period has to be least one month.
How is the beginning and the end of the sentence calculated (is it set in the court decision)?The day when the execution of the sentence started is ground for calculating which day the inmate is to be released. First the time (years, months and days) of the sentence is added to the start date and thereafter the time that the person has been in custody and detained is deducted. These calculations are made by the Swedish Prison and Probation Service.
How is the imprisonment sentence executed if the person was not in an imprisonment place until the time the court decision comes into effect?The enforcement is counted from the day when the sentenced person appears at a remand prison or a prison or is brought in by the police.
Is there a short-term imprisonment sentence? If so, how is it executed?As explained above the period of a sentence may be from 14 days. When a person is sentenced to a time not exceeding six months there is possible to enforce the sentence through intensive surveillance with electronic control, an ankle monitor. The court inform the sentenced person about this possibility when they inform about the outcome of the case. If the person applies for this form of enforcement, the Swedish Prison and Probation Service decide if it is suitable and also monitor the enforcement.
The court can issue a detention order for the purpose of one´s delivery to the prison sentence execution if it is feared that one will escape or will hide.
How is the imprisonment sentence defined (in years, months, days, hours)?In conditions of the Slovak Republic, the prison sentence terms are counted in days, weeks, months and years.
How is the beginning and the end of the sentence calculated (is it set in the court decision)?In the statement of the court decision only the length of the very prison sentence execution is determined. Beginning of the sentence is stated in the detention order the purpose of one´s delivery to the prison sentence execution.
How is the imprisonment sentence executed if the person was not in an imprisonment place until the time the court decision comes into effect?In case the court decision becomes final, the Act amends two possibilities. If the prisoner a) is in pre-trial detention, b) has been imposed a prison sentence longer than 2 years, c) is feared to escape or hide in order to avoid the prison sentence execution the respective court shall immediately issue the detention order for the purpose of one´s delivery to the prison sentence execution and at the same time it shall order the prison sentence execution and delivery of the prisoner to the prison sentence execution. If it is not feared that the prisoner who is out will not escape or hide, the court can provide this person a reasonable period to arrange one´s affairs. This period must not be longer than one month since the day on which the court decision became final.
Is there a short-term imprisonment sentence? If so, how is it executed?In Slovak Republic, there is distinction to short and long-term sentences. The court shall decide about the length of the sentence based on legal conditions. The prison sentence should las at least one day. The longest sentence is for 25 years up to life-long.
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Yes. Arrest time will be deducted from the sentence.
How is the imprisonment sentence defined (in years, months, days, hours)?In years, months and days.
How is the beginning and the end of the sentence calculated (is it set in the court decision)?The Criminal Sanctions Agency (= Finnish Prison and Probation Service) as the executive authority defines and calculates the beginning and the end of the sentence.
How is the imprisonment sentence executed if the person was not in an imprisonment place until the time the court decision comes into effect?The Criminal Sanctions Agency takes care of starting the enforcement of the sentence. The starting day of the sentence is the day when the freedom is lost.
Is there a short-term imprisonment sentence? If so, how is it executed?No.