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
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