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NCJ Number: 47970 Find in a Library
Title: POWERS OF THE COURTS DEPENDENT ON IMPRISONMENT - REPORT OF THE ADVISORY COUNCIL ON THE PENAL SYSTEM - ENGLAND
Author(s): ANON
Corporate Author: Great Britain Home Office
Advisory Council on the Penal System
United Kingdom
Date Published: 1977
Page Count: 24
Sponsoring Agency: Great Britain Home Office
England
Her Majesty's Stationery Office
Norwich, NR3 1GN,
Sale Source: Her Majesty's Stationery Office
PO Box 29
Norwich, NR3 1GN,
United Kingdom
Language: English
Country: United Kingdom
Annotation: UNDER ENGLISH LAW, A NUMBER OF COURT POWERS AND PROCEDURES ARE DEPENDENT UPON WHETHER OR NOT THE OFFENSE IS PUNISHABLE BY IMPRISONMENT. IF THE OFFENSE IS DECRIMINALIZED, THESE POWERS WOULD CEASE TO APPLY.
Abstract: COURT POWERS DEPENDENT ON IMPRISONMENT INCLUDE THOSE RELATING TO COURT PROCEDURES, CUSTODIAL AND NONCUSTODIAL DISPOSITIONS, AND MISCELLANEOUS POWERS. ADDITIONAL POWERS LINKED WITH IMPRISONABILITY RELATED TO COURT PROCEDURE INCLUDE THE ISSUE OF ARREST WARRANTS, TAKING OF FINGERPRINTS, ATTENDANCE OF YOUNG PERSONS FOR FINGERPRINTING, REMAND FOR MEDICAL OR PSYCHIATRIC EXAMINATION, AND COMMITTAL TO CROWN COURT WITH A VIEW TO IMPOSITION OF A BORSTAL SENTENCE OR TO THE MAKING OF A HOSPITAL ORDER WITH RESTRICTIONS ON DISCHARGE. IT IS PROPOSED THAT THE FOLLOWING POWERS, WHICH DO NOT INVOLVE ANY SIGNIFICANT INTERFERENCE WITH THE LIBERTY AND RIGHTS OF THE INDIVIDUAL, NOT BE MADE DEPENDENT UPON IMPRISONMENT: ISSUE OF ARREST WARRANT, TAKING OF FINGERPRINTS OF BOTH ADULTS AND JUVENILES, REMAND FOR MEDICAL/PSYCHIATRIC EXAMINATIONS, ATTENDANCE CENTER ORDERS, GUARDIANSHIP ORDERS MADE BY MAGISTRATE'S COURT, COMMUNITY SERVICE ORDERS IN CASES NONIMPRISONABLE ON FIRST OFFENSE ONLY, AND DETENTION FOR ONE DAY IN A COURT HOUSE OR POLICE STATION. THE NATURE OF THE FOLLOWING POWER OR PROCEDURES SUGGESTS THAT THEY REMAIN CONTINGENT ON THE LIABILITY TO IMPRISONMENT: COMMITTAL TO CROWN COURT FOR IMPOSITION OF A BORSTAL ORDER OR HOSPITAL ORDER WITH RESTRICTED DISCHARGE, COMMITTAL TO CROWN COURT FOR REVOCATION OF PROBATION OR FOR ACTIVATION OF A SUSPENDED SENTENCE, HOSPITAL ORDERS BY THE MAGISTRATE'S COURT, COMMUNITY SERVICE ORDERS NOT COVERED ABOVE, BORSTAL TRAINING, RETURN TO BORSTAL ON RECONVICTION, DETENTION IN DETENTION CENTER OR IN POLICE CELLS, CARE ORDERS, ACTIVATION OF A SUSPENDED SENTENCE, DISQUALIFICATION FROM DRIVING WHERE A VEHICLE IS USED FOR CRIMINAL PURPOSES, RECOMMENDATIONS FOR DEPORTATION, AND IMMEDIATE ENFORCEMENT OF FINES IN CROWN COURT AND IN MAGISTRATE'S COURT. RATIONALES BEHIND EACH OF THESE RECOMMENDATIONS ARE BRIEFLY PRESENTED. IT IS ALSO SUGGESTED THAT, WHERE APPROPRIATE, LIABILITY TO IMPRISONMENT MIGHT BE RESTORED IN CASES OF SUBSEQUENT CONVICTIONS FOR AN OTHERWISE DECRIMINALIZED OFFENSE, AND THAT AN INTERMEDIATE CATEGORY OFFENSE BETWEEN NONLIABLE AND LIABLE TO IMPRISONMENT BE FORMULATED. APPENDIXES INCLUDE A LIST OF CONSULTANTS FOR THESE PROPOSALS, A SUMMARY, AND A BRIEF DISCUSSION OF STATUTORY IMPLEMENTATIONS OF THE PROPOSALS. (JAP)
Index Term(s): Decriminalization; England; Judicial decisions; Judicial discretion; Judicial process; Jurisdiction; Law reform
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=47970

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