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Sentencing and Punishment in Australia

NCJ Number
155288
Journal
Overcrowded Times Volume: 6 Issue: 1 Dated: (February 1995) Pages: 1,11-15
Author(s)
A Freiberg
Date Published
1995
Length
6 pages
Annotation
Australia is being swept up in the international movement to "get tough" on crime, prison populations have been increasing in many jurisdictions, and predominant concerns about sentencing have fundamentally changed over the past 20 years.
Abstract
Responsibility for sentencing in Australia is divided among six state governments, two self-governing territories, and the federal government. Sentencing reform has fluctuated over the years but has not produced an integrated approach to sentencing. In 1989, responding to law and order concerns, New South Wales abolished remission (good time) as part of truth in sentencing. The nonparole period of sentencing must be two-thirds of the sentence, and the result has been a rapid increase in the prison population, from 4,369 in 1988-1989 to 6,117 in 1993. In Victoria, the Sentencing Act of 1991 abolishes remission but requires that sentence lengths be reduced to adjust for the absence of remission. Queensland has comprehensively recast its sentencing legislation by enacting the Penalties and Sentences Act. This act provides for a range of intermediate orders, including probation, community service, and intensive corrections. The Northern Territory's Sentencing Bill combines features of Victorian and Queensland statutes with even tougher innovations, including fixed nonparole periods for sex offenders, the abolition of remission with no compensatory changes in sentence length, and the introduction of indefinite sentences for violent offenders. Recent changes in Australia's sentencing policies are examined in relation to political and criminological influences. 6 references and 1 table