When Does A Criminal Charge Involve A Jail Term?

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The statute provision will indicate if the criminal offence that you are charged with involves a mandatory jail term.

The imposition of a mandatory jail term is made clear in the phrasing of the statute provision. For example, Section 380 of the Penal Code attracts a mandatory jail term, as evidenced in the phrasing that “whoever commits theft … shall be punished with imprisonment” which is clear language to the effect that a jail term is mandatory for anyone convicted of this offence.

"Theft in dwelling-house, etc. 380. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or for the custody of property, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine."

To be completely sure if the offence that you are charged with attracts or does not attract a mandatory jail term, please do engage an experienced Criminal Defence lawyer who will be able to explain clearly to you whether the offence attracts a mandatory jail term. A Criminal Defence lawyer will also be able to provide you with information regarding the typical sentence that accompanies the criminal offence that you are charged with.

Categories: Sentence Jail Term