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Suspended Sentences Discussion Paper Released

21 Apr 2005

The Sentencing Advisory Council today released a major public discussion paper on suspended sentences.

The Chair of the Council, Professor Arie Freiberg, said "The paper raises a number of issues about suspended sentences and is intended to promote informed discussion in the community. The Council will take into account all submissions and responses to the paper when formulating its advice to the Attorney-General."

He said that community debate should take place based on the facts and evidence. "The discussion paper sets out the facts about what suspended sentences are, how they operate and how the courts are using them in practice."

Professor Freiberg said the paper also contained previously unreleased statistics on the use of suspended sentences in the Victorian courts, including information on how often they are breached by offenders.

The paper reports that in 2003-04, around one in four offenders in the higher courts, and one in 14 offenders in the Magistrates' Court received a wholly suspended sentence.

The Council tracked a year's worth of suspended sentences in the different courts to see how many of those sentences were later breached by offenders committing a further offence. "The Council found that around 36 per cent of offenders in the higher courts breached their suspended sentence, compared with around 31 per cent in the Magistrates' Court."

The paper notes that the most common outcome for offenders who breached their suspended sentence was an order restoring all or part of the suspended gaol term.. This was the result in 76 % of cases in the higher courts, and 64 % in the Magistrates' Court.

He said "Suspended sentences have been the subject of media controversy, and have their supporters and their detractors. Any changes the Council proposes must be informed by a proper understanding of community views on the issues."

Options proposed in the paper include retaining or abolishing suspended sentences, or modifying them by, for example, restricting their use for serious violent offences or allowing conditions to be imposed on them.

The Council will accept submissions on the paper until 3 June 2005. Six community forums are scheduled for May in Melbourne, Shepparton, Ballarat, Wodonga, Geelong and Warragul.

Professor Freiberg called for all persons with an interest in the topic to read the paper and tell the Council their views.