 |
| Criminal procedure |
|---|
| Criminal trials and convictions |
| Rights of the accused |
| Fair trial · Speedy trial · Jury trial |
| Counsel · Presumption of innocence |
| Exclusionary rule (U.S.) |
| Self-incrimination · Double jeopardy (Not E&W) |
| Verdict |
| Acquittal · Conviction |
| Not proven (Scot.) · Directed verdict |
| Sentencing |
| Mandatory · Suspended · Custodial |
| Dangerous offender (Can., E&W) |
| Capital punishment · Execution warrant |
| Cruel and unusual punishment |
| Post-conviction events |
| Parole · Probation |
| Tariff (UK) · Life licence (UK) |
| Miscarriage of justice |
| Exoneration · Pardon |
| Related areas of law |
| Criminal defenses |
| Criminal law · Evidence |
| Civil procedure |
| Portals: Law · Criminal justice |
In the British criminal justice system, a life licence specifies the conditions under which a prisoner sentenced to life in jail may be released. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. The rights of the accused is a class of rights that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted The right to fair trial is an essential right in all countries respecting the Rule of law. Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings Right to counsel is nowadays generally regarded as a constituent of the Right to a fair trial, allowing for the defendant to be assisted by counsel (i The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has The exclusionary rule is a legal principle in the United States, under constitutional law, that holds that evidence collected or analyzed in violation of Courts of the United States may refer both to the United States federal courts, which operate under the authority of the United States Constitution Self-incrimination is the act of accusing oneself of a Crime for which a person can then be Prosecuted. Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. Not proven is a Verdict available to a court in Scotland. Under Scots law, a criminal trial may end in one of three verdicts The civil, criminal and heraldic Courts of Scotland are responsible for the administration of Justice. In Law, a directed Verdict is ruling by a Judge presiding over a Jury trial typically made after the plaintiff has presented all of her evidence In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function A mandatory sentence is a court decision setting where Judicial discretion is limited by Law. 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 A custodial sentence is a judicial sentence imposing a punishment (and hence the resulting punishment itself consisting of mandatory custody of the convict either in prison In Canada, England and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer or indefinite term of imprisonment The court system of Canada is made up of many Courts differing in levels of legal superiority and separated by jurisdiction Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. An execution warrant or death warrant is a warrant which authorizes the execution of a judgment of death ( Capital punishment) on an individual Parole may have different meanings depending on the field and judiciary system Probation is the suspension of all or part of a jail sentence the Criminal who is "on probation" has been convicted of a crime but instead of serving jail Under the criminal law of England and Wales, a tariff is the minimum period that a person serving an indefinite Prison sentence must serve before that person becomes The United Kingdom does not have a single unified Judicial system, but separate judicial systems serving England and Wales, Scotland and Northern The United Kingdom does not have a single unified Judicial system, but separate judicial systems serving England and Wales, Scotland and Northern Exoneration occurs when a person who has been convicted of a Crime is later proved to have been innocent of that crime A pardon is the forgiveness of a crime and the penalty associated with it The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Life imprisonment or life incarceration is a sentence of imprisonment for a serious crime often for most A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of
A prisoner who has served their tariff (minimum sentence) becomes eligible for parole. Parole may have different meanings depending on the field and judiciary system If the parole board agrees to release a prisoner who was sentenced to life, he or she is released on a life licence. A parole board is a panel of people who decide whether an offender should be released from prison on Parole after serving at least a minimum portion of their sentence as prescribed Prisoners who break the conditions of their release, or who are found to be a danger to the public, can be immediately re-incarcerated under the terms of this licence.
For England and Wales, the law regarding release on licence of prisoners is laid out in chapter 2 of the Crime (Sentences) Act of 1997 (see in particular sections 28–30). This Act was amended and updated by the Criminal Justice Act 2003 chapters 6 and 7. The Criminal Justice Act 2003 (2003 c44 is a wide ranging Act of Parliament introduced to modernise many areas of the Criminal justice system in England
For Scotland, the law is set out in the Prisoners and Criminal Proceedings (Scotland) Act 1993, as amended in relation to life prisoners by the Convention Rights (Compliance) (Scotland) Act 2001, which incorporated changes to ensure that the procedure is compliant with the European Convention on Human Rights. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the
External links
- The Crime (Sentences) Act 1997 from the Office of Public Sector Information
- The Criminal Justice Act 2003 from the Office of Public Sector Information
- Consultation Document from Scottish Sentencing Commission, including consolidated text of Scottish legislation
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