Principle

CRIMINAL LAW — Sentencing — “Shall” and “May” — Distinction

Area of law
CRIMINAL LAW
Court
Supreme Court

This principle establishes that "shall" in a sentencing provision means must, leaving no discretion to the judge, while "may" means may, giving authorities an option as to how to carry out the sentence. The principle applies in sentencing. It ensures that mandatory and discretionary provisions…

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