A prison sentence may be given in the most serious cases. Prison Sentences. Each offence is subject to a maximum sentence. Maximum Sentences for Common Offences. The actual sentence is determined by sentencing policy. The Sentencing Council has published guidelines on sentencing.
Sentencing Guidelines. In determining what kind of penalty and what level of sentence to impose the court will take into account aggravating and mitigating circumstances. Abuse of officials. Arguing with, insulting, using obscene gestures or language directed at or in reference to, or deliberately making violent contact with any on or off-ice official.
This generally is issued in addition to other penalties or as a bench penalty against a coach or off-ice player, and is grounds for ejection under a game misconduct or match penalty in most leagues including the NHL. Aggressor penalty. Assessed to a player who engages in a fight with an unwilling combatant. This is independent of the instigator penalty, and both are usually not assessed to the same player at one time in that case the player's penalty for fighting is usually escalated to deliberate injury of opponents, which carries a match penalty.
Attempt to injure. Deliberately trying to harm an opponent successfully or not. This type of infraction carries an automatic match penalty. Carries a major penalty Pushing an opponent violently into the boards while the player is facing the boards.
Butt-ending or Stabbing. Jabbing an opponent with the end of the shaft of the stick. It carries an automatic major penalty and game misconduct. Broken stick. Engaging in play while holding a broken stick. Taking more than three strides or jumping before hitting an opponent. Checking from behind. Hitting an opponent from behind is a penalty. It carries an automatic minor penalty and misconduct, or a major penalty and game misconduct if it results in injury.
See checking. This is generally allowed in the NHL unless it's covered by another penalty such as boarding or illegal check to the head. Delivering a check below the knees of an opponent. If injury results, a major penalty and a game misconduct will result.
Hitting an opponent with the stick when it is held with two hands and no part of the stick is on the ice. Delay of game. Stalling the game for example, shooting the puck out of play from the defensive zone, holding the puck in the hand, refusing to send players out for a faceoff, or even repeated deliberate offsides.
Diving or "embellishment". Falling to the ice after a hit, exaggerating the effect of the hit in an attempt to draw a penalty for the opposing team. Hitting an opponent with the elbow. Carries a major penalty and often a match penalty. Engaging in a physical altercation with an opposing player, usually involving the throwing of punches with gloves removed or worse.
Minor altercations such as simple pushing and shoving, and punching with gloves still in place, are generally called as Roughing. Goaltender Interference. Physically impeding or checking the goalie. Visually impeding the goalie's view of the play with the body, called "screening", is legal; but at no time may a goaltender be hit or checked.
Goaltender Leaving Crease. A goaltender may not leave the vicinity of his crease during an altercation. Once he has left the crease during an altercation, he may be given a penalty. Hitting an opponent with the head. A match penalty is called for doing so. If you are given a banning order, you may be required to attend a police station to have your photo taken.
A copy of your banning order and photograph may be distributed to prevent you from entering the places stated in the order eg it may be given to the owner or manager of a licensed premises so they can stop you from entering. You cannot apply to the court to have a banning order amended or revoked until at least 6 months after the order was made. An intensive correction order ICO is a jail sentence but you do not spend time in jail, you stay living in the community.
You can only get an ICO if the court gives you a jail sentence for one year or less. An ICO can only be made if you agree to the order being made and agree to comply with the conditions of the order. An ICO may also contain requirements that you submit to medical, psychiatric or psychological treatment and that you comply with other conditions that the court considers necessary to stop you from offending again and to make sure that you behave in a way that is acceptable to the community.
If you do not meet the conditions of the order, you will almost certainly have to spend the time in jail instead of in the community. If you are unable to meet the conditions of the order or if you are unsure about what is required of you, you should get legal advice. Usually when the court says you are sentenced to jail, you go to jail straight away from court.
You do not get a chance to go home first before being taken to prison. However, the court can order that your jail sentence is suspended for a period of time.
From the time the sentence is suspended, you do not have to be in jail. If the court gives you a jail sentence for five years or less, the court can suspend your sentence for up to five years.
This is called the operational period. If you are on a suspended sentence and you break the law, even for something not very serious, you should get legal advice immediately, especially before going to court and pleading guilty to breaking the law.
The lawyer will need to know the exact date the suspended sentence was ordered and how long the court ordered for the operational period.
If you do not know these things, you can go and ask the court where you were sentenced to look up the date for you and tell you the operational period. If you are found guilty of a serious offence or if you are a repeat offender, you may be sentenced to a period of imprisonment to be served in a correctional centre.
You may not end up staying in jail for your entire sentence. Keywords: punishment , criminal law , retribution , deterrence , rehabilitation , incapacitation , death penalty , imprisonment , probation , sanctions.
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