Page 3838 - Week 12 - Thursday, 30 October 2014
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
If the bill were to apply to offences committed on or after the commencement date, as opposed to offences sentenced, the result would be that the territory would be required to provide facilities for sentences involving periodic detention to be served many years into the future for a very small number of offenders. This is clearly highly undesirable. It would not be the best use of public funds and would undermine the decision already taken by the government that periodic detention is not the best available sentencing option.
I am very conscious of the fact that I am presenting this bill to start the move away from the use of periodic detention without delivering a replacement or alternative at this time, but there are very good reasons for this. Firstly, there is the need that I have already referred to earlier to bring periodic detention to a managed, timely end. If I were to delay this step until such time as an alternative sentencing option became available, then the territory would incur unnecessary costs in having to provide periodic detention facilities. Secondly, it is essential that the development of a replacement option is thoroughly researched and evidence based before being added to the sentencing legislation.
This, therefore, brings me to how this bill fits into the wider justice reform strategy which I announced on 2 May this year when I gave evidence to the Standing Committee on Justice and Community Safety’s sentencing inquiry. The government has committed funding through the budget process for a two-year justice reform strategy. In broad terms, this strategy will examine sentencing laws and practice in the ACT and how they can be improved to achieve the best possible outcomes for our justice system and the broader community. More specifically, the main goals of the first year of the justice reform strategy are to manage the move away from periodic detention and introduce a community-based sentencing alternative.
The creation of that community-based sentencing alternative to imprisonment will necessarily involve wide-ranging consultation, including across government, with those with involvement in the justice system and with the broader community. There will be a number of research projects undertaken by academics, and the government will be looking carefully at the experiences of other jurisdictions both in Australia and overseas to understand the lessons that should be learned.
A further bill, introducing a community-based sentencing alternative to imprisonment, is planned for next year. This means that although I am not bringing detailed proposals to the Assembly at this time the second bill will be ready for introduction well before periodic detention ceases to operate.
In the meantime, I would draw to the attention of the Assembly the very flexible sentencing options already available in the territory which can be adapted to individual cases to ensure offenders are dealt with appropriately by the courts. A sentence of imprisonment will still be able to be served in a variety of ways. The options available to the courts will be full-time imprisonment, periodic detention for between three months and a period that does not extend beyond 30 June 2016, a suspended sentence order and, if eligible, parole.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video