Return to normal view

Imprisonment

Imprisonment is the most severe sentencing order available in Victoria.

Offenders are detained in a prison and deprived of their freedom.

There are maximum, medium and minimum security prisons and also separate prisons for men and women. 

When setting a term of imprisonment, a judge or magistrate may also set a non-parole period. If set, the non-parole period must be at least six months less than the term of imprisonment.

A non-parole period is the time an offender must serve, in prison, before being eligible for parole.  A non-parole period:

• must be fixed for sentences of two years or more
• may be fixed for sentences between one and two years
• cannot be set for sentences less than 12 months.

 The law relating to imprisonment is contained in sections 9-18 and 109(1) of the Sentencing Act 1991.

 

Does ‘life imprisonment’ mean life?

Only the Supreme Court can impose a life sentence.  In Victoria a term of life means the term of an offender’s natural life.  However the court must, if appropriate, fix a non-parole period which the offender must serve before being eligible for parole.  If it is considered inappropriate, due to the nature of the offence or past history of the offender, then a minimum prison term may not be set and, in the case of a life sentence, the offender would have to serve the remainder of his or her natural life in prison. 

For example, an offender may be sentenced to life and could be required to serve a minimum term of 25 years before being eligible for parole.  In this example, the Adult Parole Board may release the offender after 25 years or may decide against it, in which case the offender could potentially stay in prison for the rest of his or her life.

 

What are indefinite sentences?

In the case of serious violent or sexual offenders, an indefinite sentence may be imposed when a court believes that the offender is a serious danger to society.  Once an indefinite sentence has been given it is the court, rather than the Adult Parole Board, that decides whether release is appropriate.  Release is only granted if the court finds that the offender is no longer a serious danger to the community.