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Plans Announced for Suspended Sentences Review

06 Mar 2005

The Sentencing Advisory Council today launched a preliminary information paper on suspended sentences on its new web-site, ahead of releasing a detailed discussion paper that calls for public comment.

The Chair of the Council, Professor Arie Freiberg, said the information paper provided an overview of what suspended sentences are, how they are used, how they have been criticised in the past, arguments for retaining them and possible options for reform.

"This is a significant initial project for the Council and we are keen to ensure that our advice to government about suspended sentences is informed by a broad range of views" Professor Freiberg said.

"While a suspended sentence is regarded by the courts as one of the most serious penalties on our statute books, there is evidence that the public sees the offender as 'walking free' having 'gotten away with it'."

"In particular, the media has reported community concern about suspended sentences being a lenient penalty for sexual offenders."

Professor Freiberg said the Council would examine the available data on how suspended sentences have been used for particular offences in all Victorian courts. "The Council will explore issues such as whether suspended sentences are living up to community expectations, what circumstances might justify a suspended sentence, and whether any changes need to be considered to improve their operation" he said.

He said reform options could include changes to provisions regulating breaches, and enabling courts to require offenders on suspended sentences to obey extra conditions.

Professor Freiberg said these issues would be analysed in more detail in a Discussion Paper to be released in April this year. The Council will also hold public consultations and call for submissions before presenting its final report to Attorney-General Rob Hulls.

Professor Freiberg said that an important reason for establishing the Council was to provide an opportunity for community views on sentencing to be taken into account.

"It is critical that any changes we propose are informed by a proper understanding of what the community thinks about the use of suspended sentences and options for reform" he said.

"We would urge all members of the community to get involved and have their say."

Professor Freiberg also encouraged anyone wishing to learn more about Victoria's sentencing system to visit the Council's new web-site, which provides a range of information and fact sheets on sentencing issues and options.