Can illness prevent sentencing at court? - HotUKDeals
We use cookie files to improve site functionality and personalisation. By continuing to use HotUKDeals, you accept our cookie and privacy policy.
Get the HotUKDeals app free at Google Play

Search Error

An error occurred when searching, please try again!

Login / Sign UpSubmit

Can illness prevent sentencing at court?

£0.00 @
If someone becomes seriously ill before sentencing (after having been found guilty and the sentencing having been deferred pending reports), would they be: sentenced in their absence (it was indi… Read More
virus Avatar
6y, 9m agoPosted 6 years, 9 months ago
If someone becomes seriously ill before sentencing (after having been found guilty and the sentencing having been deferred pending reports), would they be:

sentenced in their absence (it was indicated that a custodial sentence would be given);

sentencing would be postponed pending recuperation;

sentence given in absence but person's illness taken into account so therefore jail term not given?

Any ideas (no, it's not me).
virus Avatar
6y, 9m agoPosted 6 years, 9 months ago
Options

All Comments

(15) Jump to unreadPost a comment
Comments/page:
#1
whay what have you done.
#2
should be sentenced in their absence usually-it is only necessary that they are present to see justice done,so if they have attended the trial and the guilt decided,it is not necessary for them to be present for sentencing.
[mod] 1 Like #3
Depends on the crime.........if you have blown up a plane and are not as ill as the Doctor you bribed says you are you will be sentenced to life in Libya :D
#4
Depends on the illness as well.
#5
I'm not sure how the illness would have any effect on the sentence, unless it's given as justification for the crime. I would expect sentence to be passed in absence.
#6
As others have said it depends on the crime and the illness. But yes they will probably sentence in their absence
#7
If the sentencing has been deferred pending reports then the current state of health may well form part of the basis of any final report.

I dont actually know if this is the case or not but that is what I would think would happen.
banned#8
usually it would be adjourned
#9
Take care in what you say as the case may still be sub judice. Unsure when this ends. After the verdict or after sentencing.

In law, sub judice, Latin for "under judgment," means that a particular case or matter is currently under trial or being considered by a judge or court. The term may be used synonymously with "the present case" or "the case at bar" by some lawyers.

In England and Wales, Ireland,[1] New Zealand, Australia, India, Pakistan, Canada, and Israel it is generally considered inappropriate to comment publicly on cases sub judice, which can be an offence in itself, leading to contempt of court proceedings. This is particularly true in criminal cases, where publicly discussing cases sub judice may constitute interference with due process.

In English law, the term was correctly used to describe material which would prejudice court proceedings by publication before 1981. Sub judice is now irrelevant to journalists because of the introduction of the Contempt of Court Act 1981. Under Section 2 of the Act, a substantial risk of serious prejudice can only be created by a media report when proceedings are active. Proceedings become active when there's an arrest, oral charge, issue of a warrant, or a summons.

In the United States, there are First Amendment concerns about stifling the right of free speech which prevent such tight restrictions on comments sub judice. However, State Rules of Professional Conduct governing attorneys often place restrictions on the out-of-court statements an attorney may make regarding an ongoing case. Furthermore, there are still protections for criminal defendants, and those convicted in an atmosphere of a circus have had their convictions overturned for a fairer trial.
#10
To Post 9

It wouldn't apply at all to a discussion where no one is identified. Cutting and pasting is not helpful.
#11
Syzable
Depends on the crime.........if you have blown up a plane and are not as ill as the Doctor you bribed says you are you will be sentenced to life in Libya :D


Bit different though when you never blew the plane up in the first place.

:)
#12
Post 7 & 8

I would hope that it will be deferred rather than the judge say words to the effect "Well, I would have sent you down for three months, but as you seem to be ill I will make it a suspended sentence".

I really want this person to go down!
banned#13
wouldnt they just sentence them and then transfer them to a prison hospital?
banned#14
virus
Post 7 & 8

I would hope that it will be deferred rather than the judge say words to the effect "Well, I would have sent you down for three months, but as you seem to be ill I will make it a suspended sentence".

I really want this person to go down!


They are unlikely to do that unless the illness is very serious and then would depend on the crime.
For example someone getting done for shoplifting a bar of chocolate who has just been told he has 3 months to live would be unlikely to go to prison. Someone convicted of murder who has a cold is unlikely to stay out!
#15
In Scotland sentence would be deferred until the accused is deemed fit. The accused can keep producing a "Soul & Conscience" certificate from their GP. We've had cases which go on for months where the accused has been unfit to attend court. All they need is a letter from the doc swearing "on Soul & Conscience" that they are unfit to attend court at the present time.

Post a Comment

You don't need an account to leave a comment. Just enter your email address. We'll keep it private.

...OR log in with your social account

...OR comment using your social account

Thanks for your comment! Keep it up!
We just need to have a quick look and it will be live soon.
The community is happy to hear your opinion! Keep contributing!