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British judge gives an appropriate sentence for a change
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Jhagiti Tyran
Caldari Provisions
Caldari State
#1 - 2012-02-25 06:42:40 UTC
After seeing all kinds of criminals in the UK get really weak sentences finally a judge had some common sense. A 24 year old man was on a crime rampage, he robbed people, stole from cars and smashed a brick into someone's head making him fall onto live rail tracks before robbing the victim.

He was classified as a "danger to the public" and given an indefinite jail sentence, he has a minimum sentence as required by law but he can only be released by the home office. The home office has to have an inquiry and make assessments and be convinced he's no longer dangerous before they can release him, this means that he cannot just be released by a do gooder probation's officer.

Only one less ******** on the streets but its a start.
VKhaun Vex
Viziam
Amarr Empire
#2 - 2012-02-25 08:10:19 UTC
I'm curious. Do you live in the UK?

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Jhagiti Tyran
Caldari Provisions
Caldari State
#3 - 2012-02-25 08:52:44 UTC
Yes.
baltec1
Bat Country
Pandemic Horde
#4 - 2012-02-25 09:26:35 UTC
I'm sure the euro court will have something to say about this.
Grimpak
Aliastra
Gallente Federation
#5 - 2012-02-25 09:52:29 UTC
baltec1 wrote:
I'm sure the euro court will have something to say about this.

I can see that happening, unfortunately.

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Jhagiti Tyran
Caldari Provisions
Caldari State
#6 - 2012-02-25 10:25:28 UTC
Grimpak wrote:
baltec1 wrote:
I'm sure the euro court will have something to say about this.

I can see that happening, unfortunately.


Hopefully not, they have not interfered with other cases of indefinite sentences. At least I cant recall an occasion where they have, these sort of sentences are usually given to repeat sex offenders though
Louis deGuerre
The Dark Tribe
#7 - 2012-02-25 11:33:05 UTC
I doubt the EU can interfere. Our country has the same kind of laws.
Dutch law has TBS laws (making person available to (to be the problem of ) the state). Used for certified schizos mostly. Only government can decide to let you go again. Those crazies are held in a kind of institution.
We also have a life sentence which is simply that. The only way out is in a box. You have to be sane yet crazy evil to get that. People almost always get 20 years (normal maximum) though, which ends up being 14 years or so.
Herping yourDerp
Tribal Liberation Force
Minmatar Republic
#8 - 2012-02-25 15:50:59 UTC
wtf is an indefinite sentence? forever?
Alpheias
Tactical Farmers.
Pandemic Horde
#9 - 2012-02-25 17:03:35 UTC
Herping yourDerp wrote:
wtf is an indefinite sentence? forever?


Basically life sentence, without parole. That is my understanding of it.

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rodyas
Tie Fighters Inc
#10 - 2012-02-25 18:20:09 UTC
Kind of life sentence, but the home office it sounds like, get to make decisions on his release. Kind of sounds like a parole board that can release him when they say he is fit or so.

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Professor Alphane
Les Corsaires Diable
#11 - 2012-02-25 18:34:34 UTC
According to the article he is only on a 'must serve 5 years'

Suppose his outbreak of life threatening violence has encoruged the judge to attach a idefinite pending assesment clause to that.

As far as I know the sentence is mostly invoked in the cases of serial offenders and massive trangresions.

Though I'm no expert

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Liam Mirren
#12 - 2012-02-25 18:43:28 UTC
There should be more of that, if he proves to remain a "problem" for society each and every time then what's the point, just get rid of that person for good.

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Alpheias
Tactical Farmers.
Pandemic Horde
#13 - 2012-02-25 21:12:14 UTC
Liam Mirren wrote:
There should be more of that, if he proves to remain a "problem" for society each and every time then what's the point, just get rid of that person for good.


Deport him to the US or Australia. That is what the British empire did with "undesirables".

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Don't talk to me unless you are IQ verified and certified with three references from non-family members. Please have your certificate of authenticity on hand.
Jhagiti Tyran
Caldari Provisions
Caldari State
#14 - 2012-02-26 01:56:18 UTC
Herping yourDerp wrote:
wtf is an indefinite sentence? forever?


It could result in that yes. Indefinite sentence basically means he cannot be released without authorisation from the home office and/or the Ministry of justice. The laws that allowed this came into effect in 2005 and have been steadily replacing being sentenced to "at her Majesty's pleasure".

In the UK a "life sentence" doesn't necessarily mean life, when a life sentence is passed it will either be a minimum sentence or a "whole life order". Usually only the most dangerous people get the whole life tariff, people like Ian Brady (moors murderer) and the serial killer Dennis Nilsen (killed and chopped up 13 people) are infamous examples.

Indefinite sentences are a bit different, sometimes they are used when a crime wouldn't normally mean a life sentence or when somebody is particularly dangerous or likely to continue committing serious offences after release. They are often given to repeated serious sexual offenders or people with a long record of serious violent offences like wounding with intent, attempted murder etc. The courts use pre sentence reports and interviews and review any previous offences to decide if somebody is a "danger to the public" before giving the indefinite sentence.

The minimum sentence mandates the earliest point at which release could be considered, to actually be released there needs to a series of reports by experts, reviewing the inmates behaviour during their time in prison and a series of interviews. The inmate often isn't told they are being assessed either so there is less chance of them playing nice to sway the report, they wouldn't know the difference between an assessment and the usual procedures of being interviewed by probation workers and rehabilitation programs. Only after a person is declared no longer a danger to the public can they get released. Five years minimum sentence doesn't mean they will be released after 5 years, only that they cannot be considered for release until they have served 5 years.

Big wall of text lol, just trying to clear up the confusion of what an indefinite jail term means.
Alrione
Black Lagoon Inc.
#15 - 2012-02-26 18:40:53 UTC
baltec1 wrote:
I'm sure the euro court will have something to say about this.

I don't think UK will actually care about that. All it might do is just raise the levels of "leave eu" among the public.

Not that eu isn't barely keeping itself together anyway...
baltec1
Bat Country
Pandemic Horde
#16 - 2012-02-26 18:48:21 UTC
Alrione wrote:

I don't think UK will actually care about that. All it might do is just raise the levels of "leave eu" among the public.

Not that eu isn't barely keeping itself together anyway...


Given the troubles we are having getting rid of a convicted terrorist I wouldn't hold out much hope.