Traduction de «Statutory maximum a form sentence » (Anglais → Français) :

We therefore recommend the following: first, the declaration of principles should be modified to include denunciation of criminal behaviour as a clearly articulated principle; second, for those offences for which an adult could be sentenced to life imprisonment, the maximum youth sentence should be increased to five years less a day; and third, the mandatory statutory release of offenders after two-thirds of the sentence should be removed.

In a more recent case, though, the Supreme Court has held that sentencing judges cannot override a clear statement of legislative intent and reduce a sentence below a statutory mandated minimum, absent exceptional circumstances.9 In this case, the Court said that for some “particularly egregious” forms of state misconduct, sentence reduction below a mandatory minimum may be appropriate under section 24(1) of the Charter, which stat ...[+++]es that anyone whose Charter rights have been violated may apply to the court for a remedy.

7. Taking account of the extremely limited impact on the legislative systems of the Member States of Framework Decision 2008/841/JHA on organised crime, which has not made any significant improvement to national laws or to operational cooperation to counter organised crime, calls on the Commission to submit, by the end of 2013, a proposal for a directive which contains a more concrete definition of organised crime and better identifies the key features of the phenomenon, focusing in particular on the key concept of organisation and also taking into account new types of organised crime; requests, as regards the offence of membership of a criminal organisation and with due regard to the different and specific characteristics of the various n ...[+++]ational legal systems, a study of the abolition of the current dual approach (which criminalises both membership and conspiracy) and the identification of a range of typical offences which, regardless of the maximum sentence permitted in the legal system of Member States, could be deemed to constitute such a criminal offence; calls also for more rigorous scrutiny of the question of criminalising all forms of support for criminal organisations;

In a more recent case, though, the Supreme Court has held that sentencing judges cannot override a clear statement of legislative intent and reduce a sentence below a statutory mandated minimum, absent exceptional circumstances.10 In this case, the Court said that for some “particularly egregious” forms of state misconduct, sentence reduction below a mandatory minimum may be appropriate under section 24(1) of the Charter, which sta ...[+++]tes that anyone whose Charter rights have been violated may apply to the court for a remedy.

The legislation in its present form doesn't permit you to make that distinction, so one way forward could be to place that distinction in statutory form, and you could use the maximum penalty structure to aid it.

‧serious criminal offences‧ means the forms of crime which correspond or are equivalent to those referred to in Article 2(2) of Framework Decision 2002/584/JHA, if they are punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;