Traduction de «prononcé d'une peine » (Français → Anglais) :

House arrest is a relatively new tool in Canadian law and it can be imposed when several conditions are met: first, the offence is not punishable by a mandatory prison sentence; second, the court imposes a sentence of less than two years; third, the court is convinced that the service of the sentence in the community would not endanger the safety of the community; fourth, the court must be satisfied that the conditional sentence would be consistent with the fundamental purpose and principles of sentencing; and, fifth, the offence meets the following criteria: it is not a serious personal injury offence as in section 752; it is not a ...[+++] terrorism offence; and it is not a criminal organization offence prosecuted by indictment and for which the maximum term of imprisonment is 10 years or more.

on the draft Council Framework Decision on the application of the principle of mutual recognition to judgements in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

Only the issuing State can take a decision regarding requests for review of judgments involving suspended sentences, alternative sanctions and conditional sentences, the supervision and execution of which are covered by this Framework Decision.

This statement will provide direction to the courts and the fundamental purpose of sentencing to contribute to the maintenance of a just, peaceful and safe society (1610 ) The statement describes the objectives of sentencing as follows: first, helping in the rehabilitation of offenders as law-abiding persons; second, separating offenders from society where necessary; third, providing restitution to individual victims or the community; fourth, promoting a sense of responsibility by offenders, including encouraging acknowledgement by offenders of the harm done to victims or to the community at large; fifth, denouncing unlawful conduct; ...[+++] and sixth, deterring the offender and other people from committing offences.

Clause 48 would require a youth justice court to provide reasons for the sentence imposed in the record of the case and, on request, to cause copies of the sentence and reasons to be sent to: the young person; the young person’s counsel; a parent of the young person; the provincial director; the prosecutor; and, in the case of a custodial sentence, the review board (which would be responsible for conducting reviews on the level of custody in which a young person was to be held – see clause 87).

Clause 40(1) would require a provincial director to cause a pre-sentence report to be prepared and submitted to a youth justice court whenever the court thought it advisable or was required to consider such a report (which would be the case where the court was considering a custodial sentence), before imposing sentence.