Glossary entry

Romanian term or phrase:

închisoare cu executare

English translation:

custodial sentence to be served

Added to glossary by Mara Cojocaru
Sep 7, 2022 12:37
1 yr ago
17 viewers *
Romanian term

închisoare cu executare

Romanian to English Law/Patents Law (general)
...a fost condamnat la 8 ani de închisoare, din care 7 ani de închisoare cu executare

custodial sentence?
Proposed translations (English)
3 +1 custodial sentence to be served

Discussion

Liviu-Lee Roth Sep 8, 2022:
custodial sentence poate avea mai multe înțelesuri În US
Custodial sentences are imposed by a court in a criminal case. They require mandatory custody of the convict, either in prison (incarceration) or in some other closed therapeutic and/or (re)educational institution, such as a reformatory, psychiatric counseling, or drug treatment program

Proposed translations

+1
1 hr
Selected

custodial sentence to be served

I agree with the asker's idea and feel the right verb to collocate with sentence is serve, rather than execute or even enforce, e.g. custodial sentence to be 'enforced'.
Example sentence:

The vast majority of offenders who receive a custodial sentence will serve a determinate sentence with release from prison occurring automatically at the halfway stage of the sentence ---

Peer comment(s):

agree Liviu-Lee Roth : citiți in Discussion
1 day 1 hr
Multumesc and trhanks, Lee. The sentences in the UK are similar to those you quote.
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4 KudoZ points awarded for this answer. Comment: "Thank you!"

Reference comments

106 days
Reference:

immediate vs. suspended imprisonment/custody

Pentru posteritate: în Regatul Unit, opusul lui suspended sentence este immediate sentence. Mai jos sunt câteva exemple.

25. Rule 81.2 replaces the terms “applicant” and “respondent” with “claimant” and “defendant” and defines certain other terms including:
a. order of committal, which is stated to mean the imposition of a sentence of imprisonment (whether immediate or suspended) for contempt of court
https://www.onepumpcourt.co.uk/wp-content/uploads/Committal-...

Neil Wilson sees his 12 month suspended sentence replaced with 2 years immediate custody (...)

The Lord Chief Justice, sitting at the Court of Appeal has today lifted the suspension on the sentence handed to Neil Wilson, and replaced it with a 2 year prison sentence.
(...) I am pleased that they have found that this sentence was unduly lenient and have imposed an immediate sentence of imprisonment.
https://www.gov.uk/government/news/neil-wilson-sees-his-12-m...

Clause 196: Imprisonment with or without a custody plus order

491.     This clause modifies section 181 of the 2003 Act so as to enable a service court to pass an immediate (i.e. non-suspended) sentence of imprisonment for less than 12 months which does not include a custody plus order.
https://publications.parliament.uk/pa/cm200506/cmbills/094/e...

In summary, the cases make clear that the adverse effects the pandemic has had on prison life is a relevant factor a sentencing court can take into consideration in deciding: 1) whether to impose a suspended sentence; and 2) the length of any immediate custodial sentence.

The Court therefore noted: “that in the present, exceptional, circumstances it is appropriate to take the conditions under which the applicant is presently held in custody into account”. Accordingly, the Court quashed the sentence of 8 months and imposed a sentence of 6 months' immediate custody.

Taken together the judgments highlight: (...)
Whether to suspend a sentence of otherwise immediate custody; or
The length of any immediate custody imposed.

It would appear that the consideration of current prison conditions as a mitigating factor will have greatest relevance in cases where any proposed sentence of immediate custody will be relatively low: the argument for those facing immediate imprisonment of a number of years will be of less significance given the (apparent) limited period of restriction this will be to their overall time in custody.
https://www.parksquarebarristers.co.uk/news/impact-covid-19-...
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