Prison sentences; how much time usually served ?

lalababa

To all familiar with prison sentences: Say Person A gets 7 yr.s with 2 yr.s suspended for dangerous driving causing death. How long generally , all things being equal, good conduct and expressing remorse, large monetary reparations made , before they get parole?

And how long if no monetary reparations were made because A has no money?

Victor

lalababa wrote: »

expressing remorse, large monetary reparations made ...

And how long if no monetary reparations were made because A has no money?

These are normally factors that are considered before sentencing.

lalababa wrote: »

To all familiar with prison sentences: Say Person A gets 7 yr.s with 2 yr.s suspended for dangerous driving causing death. How long generally , all things being equal, good conduct

If I'm correct, the normal is one quarter - they would serve 3 years 9 months in prison. However, any bad behaviour within the 7 years could see them return to prison.

i71jskz5xu42pb

Victor wrote: »

If I'm correct, the normal is one third remission

25%, recently in the news

https://www.irishtimes.com/news/crime-and-law/prison-discipline-and-cutting-remission-review-under-way-says-minister-1.3467633

Glass fused light

Victor wrote: »

These are normally factors that are considered before sentencing.

If I'm correct, the normal is one third remission - they would serve 4 years 8 months in prison. However, any bad behaviour within the 7 years could see them return to prison.

Is this not 7 years in total with a maximum of 5 years in jail of which they could serve all and be returned at any time within the 2 years.
So serving 3 years 4 months with the possibility of at least 2 extra within the 7years?

lalababa

4 yr.s and 8 months ! Are you sure? I know nothing about these things, but got the impression that actual time spent was generally much shorter. When would A be eligible for parole? Are there parole hearings/ acessments in Ireland?
The remorse thing I meant as in showing the parole hearing that A was very sorry and gave a firm commitment to behaving himself.
What about the ability or not to make reparations?

Glass fused light

lalababa wrote: »

What about the ability or not to make reparations?

If its a criminal case, its an offence of you against the State.
The paying of reparation would be taken into account at the time of sentencing by the judge not a mitigation but as an expression of remorse.
Judges would take account of the person's ability to fund, so the higher your income the more you should have offered, ie don't insult the judge by offering what a unemployed person would offer when you turn up in expensive designer gear and are in a high paying job.

Victor

Glass fused light wrote: »

Is this not 7 years in total with a maximum of 5 years in jail of which they could serve all and be returned at any time within the 2 years.
So serving 3 years 4 months with the possibility of at least 2 extra within the 7years?

lalababa wrote: »

4 yr.s and 8 months ! Are you sure?

Sorry, I've edited the above, I got my numbers wrong.

lalababa wrote: »

I know nothing about these things, but got the impression that actual time spent was generally much shorter. When would A be eligible for parole? Are there parole hearings/ acessments in Ireland?

The politicised, discredited parole systems used in the USA aren't used here. Early release is done in conjunction with the Probation Service http://www.probation.ie/

The Parole Board only deals with cases where sentences of eight years or more are involved. The board is made up of professionals, not electees. http://www.justice.ie/en/JELR/Pages/parole_board

The remorse thing I meant as in showing the parole hearing that A was very sorry and gave a firm commitment to behaving himself.

To get remission you need to not misbehave in prison. To get early release, you need to convince them you are reformed and won't misbehave in the future. Release is often graduated.

lalababa wrote: »

What about the ability or not to make reparations?

Note that separate to the criminal case, a victim can sue an offender for damages.

GypsyByName

They will do a maximum of 3 years 9 months, this is very worst case scenario. they could potentially be released anytime after 3 years depending on their behaviour and how full the prisons are.

lalababa

Saw a lad (in the journal )get 10 years for possession of a couple of big black bags of cannabis. There was no mention of his previous (if any). 2 years were suspended ..so 8 years. Following the above posts he would serve around 4years? Is that about right?

https://www.boards.ie/discussion/comment/117924665#Comment_117924665

6 years.

Provided good behaviour etc.

ohnonotgmail

https://www.boards.ie/discussion/comment/117924665#Comment_117924665

Did they spend time on remand awaiting trial? Time spent on remand is taken into account.

lalababa

Yeah, maybe 6 months on remand.

Claw Hammer

https://www.boards.ie/discussion/comment/117924878#Comment_117924878

Time spent in remand on custody is taken into account not time remanded on bail.

Claw Hammer

When a person is sentenced a provision release date is calculated. As the date approaches a prisoner may be considered for Temproary Early Release. The prisoners behaviour in custody and the likelihood of the prisoner committing violent crimes on release as well as the capacity of the prison system are all factors taken into account. If the prisons are over-full consideration will be given to releasing some prisoners. Those who are committed on very short sentences such a 3 months are often the first to go. After that those who have served a substantial portion of long sentences are considered.

ohnonotgmail

https://www.boards.ie/discussion/comment/117937715#Comment_117937715

time on remand IS time in jail.

Victor

https://www.boards.ie/discussion/comment/117942585#Comment_117942585

If I have it correct, you can be remanded on bail or remanded in custody.

Remand - "place (a defendant) on bail or in custody, especially when a trial is adjourned."

ohnonotgmail

https://www.boards.ie/discussion/comment/117942640#Comment_117942640

when a court report says a defendant has been remanded they mean they are are in custody.

Claw Hammer

https://www.boards.ie/discussion/comment/117942585#Comment_117942585

A person can be remanded on bail, continuing bail or into custody. Remand into custody can be with consent to bail or without consent to bail.

Newspaper reports are intended for the general public and are prepared by reporters, not lawyers. Newspaper reports are not a reliable guide to the meaning of legal terms.