The ‘Rising of the Court’ is deemed to be the shortest possible period a person can be in custody. ‘Rising of the Court’ is an old-fashioned type of penalty, one that is not used often by the Court In today’s age.  

 

But what is it? In the simplest of terms, once an offence is proven, an old-fashioned method of sentencing an offender is when a magistrate considers that coming to court has been a sufficient form of punishment. The judge (or Local Court Magistrate) would say ‘’I now sentence you to the rising of the Court, for which purpose, the court now rises’’ and this period is said to be equivalent to being held in a prison cell which makes it one of the quickest and shortest possible prison sentences as it can be for a few seconds!

 

 In Fox & Freiberg (1985, at page 354) they accurately note: ‘’The restraint of the offender’s liberty in the courtroom from the moment the sentence is passed is regarded as equivalent to being held in a prison.’’

 

A rising of the Court type punishment results in a conviction being recorded and it should be noted that the defendant may also be liable for additional punishments like licence disqualification upon conviction for major/serious traffic offences.

 

Notwithstanding this form of punishment as being a short custodial sentence, it is also regarded as one of the most lenient penalties which are available for a judicial officer (Judge or Magistrate) when sentencing a defendant.  

 

The rising of the Court as a sentencing option can be used where the courts have to dispose of a significant number of counts which amount to a single pattern of offending behaviour (for example matters involving dishonesty offences where there are multiple counts). It should be noted that this is one of the rarest, least common sentence options which a court can exercise.

 

 Why Should you Choose Nicopoulos Sabbagh Lawyers to represent you in your Court Case? 

 

Nicopoulos Sabbagh Lawyers a reputable Law Firm is the leading Law firm in both Criminal Law & Traffic Law matters. Nicopoulos Sabbagh Lawyers has dealt with the most complex matters and our office appears in all Jurisdictions in Criminal Law.

 

No matter is too complex for the team so be sure to book your first Free Consultation today!

 

It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.

 

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.

 

*This article correctly reflects the Laws of NSW as at 16th September 2024.

 

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

 

 

 

 

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