Abstract
It is a feature of the English law of sentencing that the penalty laid down for an offence indicates the maximum which may be imposed for that offence, but that in lieu of such penalty a milder one may be imposed at the discretion of the court. Apart from the special case of murder where life imprisonment is mandatory, exceptions to this rule are rare.In Israel this same principle was incorporated in section 42 of the Criminal Code Ordinance, 1936, and in the section which replaced it, section 1 of the Penal Law Revision (Modes of Punishment) Law, 1954, which states as follows: “A court which has convicted a person of an offence may impose on him any penalty not exceeding the penalty prescribed by law for that offence”. In lieu of the term of imprisonment specified by the law a court is thus empowered to impose a shorter period of imprisonment, a conditional term of imprisonment, or a fine; it may, alternatively, make a probation order.
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