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About Sentencing

In this section you will find information about sentencing, sentencing law, sentencing processes and sentencing options.

Sentencing is the process that takes place in a court after a person has been found guilty of a crime. The judge or magistrate will determine the most appropriate penalty to be imposed, taking into account the maximum penalty, all of the circumstances of the case and the effect of the offence on people involved.

While it might seem that the judge or magistrate has complete discretion to decide a penalty, they are actually following a complex set of guidelines established by Parliament in sentencing legislation and other court decisions about the principles that could apply in different types of cases. Once a person is sentenced the judge or magistrate has little say over how the sentence is served, with the person becoming the responsibility of the executive branch of government.

In Victoria, responsibility for sentencing is shared between Parliament, the courts and the executive.

In Australia both state and federal parliament make criminal laws. For example, theft is a state offence under the Victorian Crimes Act 1958, whereas engaging in a terrorist act is a federal offence under the Commonwealth Criminal Code Act 1995.

Victorian courts can hear both state and federal matters. When sentencing an offender for a federal crime, the Victorian courts apply the sentencing powers found in the Commonwealth Crimes Act 1914.