양형기준의 도입과 가석방 - 영국의 논의에 관하여 -
Sentencing Guideline and early release in England and Wales
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Parole Board in England and Wales is the independent body that protects the public by making risk accessments about prisoners to decide who may safely be released into community and who must remain in or be returned to custody. Slowly it becomes a civil liberties court,safeguarding the rights of the prisoner quite as much as the rights of the public. And offenders who receive ordinary determinate sentences of imprisonment of 12 months or longer are to be released automatically at the halfway point of ther sentences. Once released, the will - except for 'recall' case - remain on licence in the community and under the supervision of an offender manager until their full sentence has expired. parole procedure became also much fairer. Prisoner can make access to their dossiers, have the opportunity to make representation on their contents and hear reasons for the decisions that were taken. Sentencing guidelines in England and Wales are applicable in all criminal courts to ensure a consistent approach and transparency in sentencing. Even if Sentencing Council make these guidelines to promote a clear, fair and consistent approach to sentencing, guidelines are intended to create an approach and within that approach, judicial discretion is preserved. The Coronors and Justice Act (2009) allows sentence outside the guideline for particular case. This research shows, there is no definitive nexus between sentencing guideline and early release in Practice of England. Sentencing guideline and early release are different institutions with different purposes. Reform of parole system toward a fairer and transparent decision-making procedure by a courtlike body and safeguarding the rights of prisoners are that we must learn in parole system in England.
Abstract
Parole Board in England and Wales is the independent body that protects the public by making risk accessments about prisoners to decide who may safely be released into community and who must remain in or be returned to custody. Slowly it becomes a civil liberties court,safeguarding the rights of the prisoner quite as much as the rights of the public. And offenders who receive ordinary determinate sentences of imprisonment of 12 months or longer are to be released automatically at the halfway point of ther sentences. Once released, the will - except for 'recall' case - remain on licence in the community and under the supervision of an offender manager until their full sentence has expired. parole procedure became also much fairer. Prisoner can make access to their dossiers, have the opportunity to make representation on their contents and hear reasons for the decisions that were taken. Sentencing guidelines in England and Wales are applicable in all criminal courts to ensure a consistent approach and transparency in sentencing. Even if Sentencing Council make these guidelines to promote a clear, fair and consistent approach to sentencing, guidelines are intended to create an approach and within that approach, judicial discretion is preserved. The Coronors and Justice Act (2009) allows sentence outside the guideline for particular case. This research shows, there is no definitive nexus between sentencing guideline and early release in Practice of England. Sentencing guideline and early release are different institutions with different purposes. Reform of parole system toward a fairer and transparent decision-making procedure by a courtlike body and safeguarding the rights of prisoners are that we must learn in parole system in England.
참고문헌 (30)
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- "영국 가석방위원회 홈페이지"[URL]
- "영국 양형위원회 홈페이지"[URL]