MurfSpud
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UK Indeterminate Sentences
from BBC News Online...
Q&A: Indeterminate sentences
An 18-year-old man has been given a life sentence for setting two bins on fire in north Devon.
Although only causing a few pounds damage, Christopher Brown was given an indeterminate sentence after he threatened to commit more crimes if he was released.
BBC News asks how such a seemingly minor offence can have such a grave consequence.
What does indeterminate sentencing mean?
The new power was instituted as part of so-called public protections measures in the Criminal Justice Act 2003 and has been used since April, 2005.
In addition to being able to extend licence time for other crimes, judges were given the power to set indeterminate sentences.
Under this sentence, a minimum tariff for incarceration is handed down but the defendant must satisfy the authorities that he or she is fit for release and does not pose any threat to the community.
Why was the power introduced?
The new sentence means that individuals considered to be a threat can be locked up even if their specific crime was not particularly serious.
Although Brown set fire to two wheelie bins, the offence he was charged with, arson, carries a maximum life sentence.
The new powers are triggered if this is the case. Because Brown said he was likely to commit more crime, the judge assessed he was a threat to the public.
Does indeterminate effectively mean life behind bars?
Not necessarily.
Should the defendant no longer be considered to pose a threat to the public, then he will be released.
But he faces life on licence meaning that, potentially, his movements will be subject to variety of conditions.
Critics have dubbed these licensing conditions as "super ASBOs" (Anti Social Behaviour Orders).
What rights do defendants have?
They can appeal being on licence every 10 years and also have the usual routes of appeal. But they will serve the minimum tariff.
What do the prison reform lobby think?
There are concerns that vulnerable people who need help may find themselves locked up for years despite having not committed serious crimes.
Tough licence conditions could see defendants going back to jail after release.
Critics also fear spells in jail may make vulnerable cases even worse, where they become a potentially bigger threat to the public should they be released.
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Personally, I think this is a good thing, it will stop the little hooligans from thinking "I'm it, the Police can't touch me".
I'm all for stiff punishment, it won't do anyone harm if their life is already on a crooked course.
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"I do not know with what weapons World War III will be fought, but World War IV will be fought with sticks and stones." - Albert Einstein
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Dec/17/2005, 3:38 am
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STARSAILOR
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Re: UK Indeterminate Sentences
I'm all for locking up anyone for life that even thinks of commiting a crime.....
The case of the barman that was kicked to death made me so angry last week...... His killers got convicted of manslaughter........ however they had attacked 8 other people on the same night, therefore prooving the attack was premeditated and therefore murder!
But now the little b******s will be out in a few years and no doubt have all of life's luxuries waiting for them and a million do-good social workers to help them get back into society.......
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'Why in the World are we here?
Surely not to live in pain and fear?' John Lennon - 'Instant Karma
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Dec/19/2005, 11:47 pm
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