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Order For Lifelong Restriction
An Order for Lifelong Restriction is a sentence that can be imposed by a judge of the High Court of Justiciary on serious violent and sexual offenders in Scotland. Such an Order is an indeterminate sentence will see the convict subject to indefinite imprisonment and supervision by electronic monitoring for the rest of their lives. An offender will only be released on licence where it is determined that the risks posed to the community can be correctly and safely managed. Process Orders for Lifelong Restriction were implemented by the Criminal Justice (Scotland) Act 2003, which gives a judge of the High Court of Justiciary the power to impose a sentence for serious violent and sexual offences, that includes the life imprisonment or detention of the offender. A judge of the High Court, either on their own initiative or at the request of the prosecutor, will issue a ''Risk Assessment Order'' and require the Risk Management Authority to assess the risk posed by serious offenders, an ...
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Sentence (law)
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mi ...
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Risk Management Authority (Scotland)
The Risk Management Authority is an Public bodies of the Scottish Government, executive non-departmental public body of the Scottish Government with responsibility for risk assessment, assessing and risk management, managing the risks posed by certain serious Violent crime, violent and sex offender, sexual offenders in Scotland. It was established in 2005 by the Criminal Justice (Scotland) Act 2003. The authority is required to assess the risk posed by serious offenders at Sentence (law), sentencing when the High Court of Justiciary will issue a ''Risk Assessment Order'', and will provide a ''Risk Assessment Report'' to the High Court. The judge may then issue an Order for Lifelong Restriction, at which point the authority will have to draw up a risk management plan for the offender. The authority is based in Paisley (Scotland), Paisley. Remit and jurisdiction The authority is to be the recognised expert authority on risk assessment and risk management and will: *develop policy ...
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Act Of Adjournal
An Act of Adjournal is secondary legislation made by the High Court of Justiciary, the supreme criminal court of Scotland, to regulate the proceedings of Scottish courts hearing criminal matters. Now primarily derived from the Criminal Procedure (Scotland) Act 1995, the original power to create Acts of Adjournal is derived from an Act of the Parliament of Scotland of 1672. Before promulgation, Acts of Adjournal are reviewed and may be commented upon by the Criminal Courts Rules Council. Following Scottish devolution and the establishment of the Scottish Parliament, Acts of Adjournal are made as Scottish Statutory Instruments. Before devolution, Acts were made as United Kingdom Statutory Instruments. History Courts Act 1672 The Courts Act 1672 (originally ''Act concerning the regulation of the judicatories'') created the High Court of Justiciary by attaching five Lords of Session to the Lord Justice General and Lord Justice Clerk. The Act provided that "the judges of that co ...
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Legal Education
Legal education is the education of individuals in the principles, practices, and theory of law. It may be undertaken for several reasons, including to provide the knowledge and skills necessary for admission to legal practice in a particular jurisdiction, to provide a greater breadth of knowledge to those working in other professions such as politics or business, to provide current lawyers with advanced training or greater specialisation, or to update lawyers on recent developments in the law. Legal education can take the form of a variety of programs, including: * Primary degrees in law, which may be studied at either undergraduate or graduate level depending on the country. * Advanced academic degrees in law, such as masters and doctoral degrees. * Practice or training courses, which prospective lawyers are required to pass in some countries before they may enter practice. * Applied or specialised law accreditation, which are less formal than degree programs but which pr ...
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Hearing
Hearing, or auditory perception, is the ability to perceive sounds In physics, sound is a vibration that propagates as an acoustic wave, through a transmission medium such as a gas, liquid or solid. In human physiology and psychology, sound is the ''reception'' of such waves and their ''perception'' by the ... through an organ, such as an ear, by detecting Vibration, vibrations as periodic changes in the pressure of a surrounding medium. The academic field concerned with hearing is auditory science. Sound may be heard through solid, liquid, or gaseous matter. It is one of the traditional five senses. Partial or total inability to hear is called hearing loss. In humans and other vertebrates, hearing is performed primarily by the auditory system: mechanical waves, known as vibrations, are detected by the ear and transduction (physiology), transduced into nerve impulses that are perceived by the brain (primarily in the temporal lobe). Like touch, audition requires sen ...
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Parole Board For Scotland
The Parole Board for Scotland is a tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single ... Public bodies of the Scottish Government, non-departmental public body in Scotland first established in 1967, with responsibility for parole decisions. Its decision making and operating are independent of the Scottish Government, and many of its decisions are binding on Scottish Ministers. The Parole Board has statutory powers to: * Recommend the release of Prisoner, prisoners with Sentence (law), determinate sentences or extended sentences of 4 years or more (with Parole, licence where required); * Direct the release of prisoners with Life imprisonment, life sentences on life licence; * Recommend the conditions to be attached to prisoners' non-parole licences; * Recommend the recall to p ...
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Prison
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correctional facility, lock-up, hoosegow or remand center, is a facility in which inmates (or prisoners) are confined against their will and usually denied a variety of freedoms under the authority of the state as punishment for various crimes. Prisons are most commonly used within a criminal justice system: people charged with crimes may be imprisoned until their trial; those pleading or being found guilty of crimes at trial may be sentenced to a specified period of imprisonment. In simplest terms, a prison can also be described as a building in which people are legally held as a punishment for a crime they have committed. Prisons can also be used as a tool of political repression by authoritarian regimes. Their perceived opponents may be ...
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Risk Assessment
Broadly speaking, a risk assessment is the combined effort of: # identifying and analyzing potential (future) events that may negatively impact individuals, assets, and/or the environment (i.e. hazard analysis); and # making judgments "on the tolerability of the risk on the basis of a risk analysis" while considering influencing factors (i.e. risk evaluation). Put in simpler terms, a risk assessment determines possible mishaps, their likelihood and consequences, and the tolerances for such events. The results of this process may be expressed in a quantitative or qualitative fashion. Risk assessment is an inherent part of a broader risk management strategy to help reduce any potential risk-related consequences. Need Individual risk assessment Risk assessment are done in individual cases, including patient and physician interactions. Individual judgements or assessments of risk may be affected by psychological, ideological, religious or otherwise subjective factors, which impa ...
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Life Imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes or any three felonies in case of three-strikes law. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884. Where life imprisonment is a possible sentence, there may als ...
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Senator Of The College Of Justice
The senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court of Session); Lords Commissioners of Justiciary (judges of the High Court of Justiciary); and the Chairman of the Scottish Land Court. Whilst the High Court and Court of Session historically maintained separate judiciary, these are now identical, and the term ''Senator'' is almost exclusively used in referring to the judges of these courts. Senators of the college use the title ''Lord'' or ''Lady'' along with a surname or a territorial name. Note, however, that some senators have a peerage title, which would be used instead of the senatorial title. All senators of the college have the honorific, ''The Honourable'', before their titles, while those who are also privy counsellors or peers have the honorific, ''The Right Honourable''. Senators are made pr ...
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