Media Release
Embargo 14 May 2010 12.00 a.m.
The Sentencing Advisory Council has released a report showing the use of suspended sentences by Victorian courts has not significantly changed since the introduction of reforms in 2006 aimed at decreasing the number of such sentences for serious offences.
The Suspended Sentences Monitoring Report released today examines the use of wholly suspended sentences for serious offences committed in Victoria since November 2006. Amendments to the Sentencing Act introduced in late 2006 restricted the use of wholly suspended sentences for certain serious offences to cases involving ‘exceptional circumstances’. These reforms were the product of an earlier review conducted by the Council that found suspended sentences were being used inappropriately and too frequently. The Council recommended that sanctions such as intensive correction orders and community-based orders should be reformed in order to provide credible alternatives to suspended sentences. These reforms were also intended to improve truth in sentencing.
The monitoring report examines sentencing trends for three offences in-depth – armed robbery, intentionally causing serious injury and sexual penetration with a child aged 10 to 16 – from November 2006 to June 2009. The report concludes that there has been no significant change in the use of wholly suspended sentences for those three offences since the 2006 amendments. However, the report also notes this has occurred in the context of an increase in the number of prison sentences and longer average prison terms being given by the courts.
Professor Arie Freiberg, Chair of the Sentencing Advisory Council said, 'Victoria’s prison population is growing steadily. More people are going to gaol and for longer periods. However, there are some cases where immediate imprisonment is not the most appropriate option. The Council believes the reason courts are not decreasing their use of suspended sentences in line with Parliament’s direction in such cases is because they do not have adequate sanctions to take the place of suspended sentences.
'In 2008 the Council recommended a package of credible sentencing orders to meet the demands of punishment, deterrence and rehabilitation. If the community demands a criminal justice system that promotes rehabilitation of offenders, community safety and crime prevention, we believe these reforms are the best and most effective response. In their absence, the courts are likely to stay with what they believe is in the best interests of justice,' said Professor Freiberg.
Suspended Sentences in Victoria Monitoring Report can be downloaded from our website.
