Sentencing legislation

Changes to legislation

During the period covered by the criminal conviction and sentencing tables, there have been a number of changes to sentencing legislation, including changes in the types of sentences available and in the combinations of sentences that may be imposed.

The Sentencing Act 2002 replacing the Criminal Justice Act 1985 introduced a number of significant changes to sentences that could be imposed. The Sentencing Amendment Act 2007 introduced some further changes.

Sentences available under the Criminal Justice Act 1985

Descriptions for some of the sentences available under the Criminal Justice Act 1985 are as follows:

Life imprisonment – an indeterminate sentence of imprisonment (i.e. the sentence continues to apply for the entire life of the person who offended, although they can be released on parole). This sentence is generally only imposed on people convicted of murder.

Preventive detention – an indeterminate sentence of imprisonment generally imposed only on serious, repeat sex-offenders. Parole may be sought after the court-imposed non-parole period.

Determinate imprisonment – a sentence of imprisonment for a fixed term.

Corrective training – a three-month custodial sentence for people aged between 16 and 19 years who offended, involving hard physical work and strict discipline, followed by six months of supervision.

Suspended sentence of imprisonment – a sentence of determinate imprisonment that is suspended unless the person who offended is reconvicted within a set period of time.

Periodic detention – a noncustodial sentence that involves the person who offended reporting to a work centre and undertaking community work projects.

Community service – a noncustodial sentence that involves the person who offended undertaking work for an approved community agency.

Community programme – a sentence that involves placing the person who offended in the care of an approved organisation, group, or individual.

Supervision – a sentence under which the person who offended is required to comply with various reporting, residential, association, and other conditions.

Reparation – a sentence where financial payment is ordered to be made by the person who offended to the victim.

Fine – a sentence where financial payment is ordered to be made by the person who offended to the state. Before 30 June 2002, the court could, in certain circumstances, order the full or part payment of a fine to the victim.

Driving disqualification – a sentence where the person who offended must surrender their driver’s licence for a fixed term or indefinitely. To come up for sentence if called on – an order where a person who offended is re-sentenced for an offence if subsequently convicted of a further offence within a fixed term.

Changes to sentences as result of the Sentencing Act 2002

The major changes that the Sentencing Act 2002 made to sentences were as follows:

• A new sentence structure was created for people convicted of murder.
• Preventive detention became available for a wider range of offences and convicted people.
• Corrective training was abolished.
• Suspended sentences of imprisonment were abolished.
• A new sentence called ‘community work’ replaced periodic detention and community service. Community work is aimed at compensating the community. The person who offended will be placed at a community work centre, with another agency, or a combination of both.
• Community programme was abolished.
• Supervision was modified to include the care aspect of community programme.
• The provision for reparation was strengthened, and the provision for the payment of fines to victims was removed.
• A presumption in favour of fines was introduced.

Changes to sentences as result of the Sentencing Amendment Act 2007

Three new sentences were introduced as a result of the Sentencing Amendment Act 2007:

Home detention – a sentence which requires the person who offended to remain at an approved residence at all times under electronic monitoring and close supervision by a probation officer. People who offend can be placed under home detention for a minimum period of 14 days and a maximum of 12 months.

Community detention – a community-based sentence that requires the person who offended to comply with an electronically-monitored curfew imposed by the court. People who offend can be placed under curfew for up to six months, for between two and 84 hours per week.

Intensive supervision – a rehabilitative, community-based sentence similar to supervision. However, it may be imposed for up to two years, may include participation in residential treatment and training programmes, and requires regular reports to be made to the court about sentence compliance.