An overview of sanctions

imprisonment  Imprisonment is the most severe punishment available to the courts in Australia and is reserved for those who, it is considered, have lost the right to live in the community for a period of time.  All prisoners are required to work, unless they are medically unfit. The emphasis on work is to help the prisoner to develop work habits and skills that will help him or her gain employment once released from prison.  Although the rate of recidivism (the rate at which people re-offend after serving a sentence for a crime) remains high, it has fallen over the past decade for some offences. This is largely due to the focus on rehabilitation rather than only punishment

Jail sentences  Although the maximum term for each offence is stated in legislation, the sentence given may vary depending upon the court in which the case is heard.  When sentencing an offender, a judge usually will specify a period of imprisonment and set a minimum (non-parole) period to be served, after which the offender is reviewed and assessed in terms of his or her suitability for parole. Being released on parole means the offender is released from prison on certain conditions. One such condition is that the offender regularly meets with his or her parole officer.  Victorian law allows for indefinite sentences to be given for sex crimes, murder and manslaughter. When ordered by the trial judge, at the conclusion of the initial sentence, a court will assess whether or not the prisoner is fit to return to the community. If deemed unfit, the person remains imprisoned for a further three years, with another review to follow.

Concurrent and cumulative sentencing  An offender sentenced to more than one term of imprisonment for committing more than one crime may be given a concurrent sentence, meaning that he or she serves the terms at the same time. For example, a person given five years' imprisonment for aggravated burglary and two years for assault will be required to serve only the five-year term.  Cumulative sentences involve an offender serving a total term of imprisonment, where two or more sentences are added together.  The law also provides that, unless in exceptional circumstances, multiple sex offenders must serve two or more jail terms consecutively. These offences include rape and sexual penetration of a child under 16 years of age. Cumulative sentences are also imposed for:  crimes involving default in fine payments  offences committed while in prison  crimes involving escape from custody  crimes where the offender has been sentenced as a ‘serious offender’.

The specific purpose of imprisonment  Under s. 5(1) of the Sentencing Act, deterrence is one of the purposes of sentencing an offender, together with punishment, denunciation, rehabilitation and community protection (incapacitation).  General deterrence is aimed at reducing crime by directing the threat of that sanction at potential offenders. Specific deterrence is aimed at reducing crime by applying a criminal sanction to a specific offender, in order to dissuade that person from reoffending.  Question: How effective are prison sentences in achieving the objectives of deterrence, rehabilitation and community protection? Provide evidence where possible to support your conclusions.

suspended sentences  A suspended sentence is a sanction designed to indicate to the offender and the community that the crime that has been committed is very serious. If a person breaks the conditions imposed on a suspended sentence, that person will most likely serve a jail term  Courts may suspend a prison term of up to 24 months. This may be either partially suspended (offenders spend a portion of their sentence in prison, but then are released for the remainder) or wholly suspended (they go free from the court on the day of sentencing).  The purpose of these sentences is to provide offenders with the opportunity to demonstrate that they are capable of lawful behaviour and to allow for minimum disruption to their lives  Victorian law states that defendants who breach a suspended sentence by further offending are to serve any subsequent term of imprisonment cumulatively with the original sentence.  Sentencing Further Amendment Act (2011) Vic., suspended sentences were scrapped for convictions in the Supreme Court and County Court for offences including murder, manslaughter, rape and other serious sexual offences, armed robbery, intentionally or recklessly causing serious injury, aggravated burglary, arson and commercial drug trafficking.

Specific purposes of suspended sentences  The purpose of a suspended sentence is to give the offender ‘one last chance’ to prove that he or she is capable of lawful behaviour, otherwise the offender will be sent to jail. In effect, it a specific deterrent to the offender who knows that jail will follow if he or she re-offends.  Section 27 of the Sentencing Act states, that the court must take into consideration a number of factors when granting a suspended sentence — factors such as the nature of the offence and the degree of risk of the offender committing another offence punishable by imprisonment.  Protection of the community, punishing the offender and denouncing or condemning the offender's behaviour are not considered to be the main aims of suspended sentences. The main aim of suspended sentences is specific deterrence and, perhaps, rehabilitation.

community correction orders  Community correction orders were introduced in Community correction orders cater for offenders whose offences are not deemed serious enough to warrant a term of imprisonment. These orders emphasise the rehabilitation of the offender and encourage an active contribution to community life  A CCO sits between imprisonment and fines in the sentencing hierarchy and is available for any offence punishable by more than five penalty units.  ‘The CCO will also provide an alternative sentencing option for offenders who are at risk of being sent to jail. These offenders may not yet deserve a jail sentence but should be subject to significant restrictions and supervision if they are going to live with the rest of the community.  CCO will allow courts wide flexibility to tailor their response to address the needs of offenders and set appropriate punishments.’

Conditions attached to community correction orders  can have different conditions applied based on the circumstances of the offence, the offender's needs and situation, and the direction of the court.  offenders will be required to comply with basic requirements such as not reoffending, not leaving Victoria without permission, and reporting to and complying with directions given by community correction officers.  courts can draw on a range of powers to help offenders re-establish their lives, develop responsibility for their conduct and avoid reoffending.  Offenders are required to comply with strict conditions and complete authentic work to repay the community.  The courts use an intensive case management model for high-risk offenders and rely on detailed pre-sentence assessment reports about the offender to ensure that the order given is appropriate.

Optional conditions  courts are required to attach at least one optional condition to each CCO,  Offenders can be ordered to pay a bond that is forfeited if the offender fails to comply with their order.  Courts may impose up to 600 hours of community work, curfews and no-go zones,.  Under an alcohol exclusion condition, courts have the power to ban offenders from entering or consuming alcohol in licensed premises.  Judges and magistrates are empowered to actively monitor an offender's compliance with their order through a judicial monitoring condition.  Courts can order supervision of the offender by Corrections Victoria, and treatment and rehabilitation such as drug or alcohol programs.  Section 89 of the Sentencing Act 1991 allows for mandatory cancellation and disqualification of the driver licence of offenders who commit serious criminal offences involving driving.

Additional Info:  A CCO can last for up to two years when given by the Magistrates' Court. In the higher courts, a maximum duration is not specified for an order. Instead, the duration of the order is determined by the maximum term of imprisonment for the relevant offence. Importantly, a CCO may be combined with a fine and/or jail for up to three months.  Community correction orders relating to the payment of fines  Offenders who fail to comply with the terms of their order face tough penalties, including a contravention offence carrying a maximum penalty of 30 penalty units or three months imprisonment.  The legislation also enables Corrections Victoria to impose sanctions including an additional 16 hours of unpaid community work, extend curfews for up to an additional two hours a day or impose an on-the-spot fine.

The specific purpose of community correction orders  Community correction orders are designed to provide general and specific deterrence because they require offenders to meet key demands such as curfews, undertaking work and completion of rehabilitation programs.  The penalties for breach of these conditions are strict and can include being sent to jail.  The flexibility of the conditions that can be attached to a CCO also means that orders can be tailor-made to suit the needs of the offender. This maximises the opportunities for rehabilitation, which in the long term assists the offender on their path back to a productive life in the community.  CCOs are particularly effective for offenders who have drug and alcohol abuse, and mental health and violence issues, because they include a case management program that tracks the rehabilitation of the person.