Suspended sentence
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A suspended sentence is a legal construct. Unless a minimum punishment is prescribed by law, the court has the power to suspend the passing of sentence (generally for a period of three years) and place the offender on probation. It is the passing of the sentence, not the sentence itself, that is being suspended. This means that if the defendant is convicted of another offence during the period when the passing of sentence had been suspended, then the offender may be sentenced for the original offence.[1]
Suspended sentence is necessary for probation, but in cases where the penalty is recorded as suspended sentence it is often given to mitigate the effect of the penalty. It is common practice for judges to hand down a suspended sentence to first-time offenders who have committed a minor crime, and for prosecutors to recommend a suspended sentence as part of a plea bargain.
In Canada, a suspended sentence still results in a criminal record even though it is possible that no time is served or other penalty incurred.
In Australia suspended sentences are commonly imposed in order to alleviate the strain on over crowded prisons. For example an individual may be sentenced to 6 months jail wholly suspended for 1 year. If they commit any other offence during that year, the original jail term is immediately applied.
[edit] References
- ^ Ballentine's Law Dictionary, 3rd Edition. Lexis Law Publishing, 1969.
