Page 4216 - Week 13 - Thursday, 19 November 2015
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
given to the Standing Committee on Justice and Community Safety inquiry into sentencing and the recommendations of the committee’s report.
As might be expected from such a wide range of individuals and organisations, agreement could not be reached by the advisory group on every aspect of the new sentence. But I think it is fair to say that discussions were both open and productive. Listening to the views and perspectives of the advisory group members has been enormously informative and important to the formulation of the new sentence. In developing the new intensive correction order the government has sought to reflect where there was consensus and find the right course where there was not.
I now outline the main features of the new sentence contained in the bill. The intensive correction order is, by nature, a sentence of imprisonment. On the proviso that the offender complies with the conditions of the intensive correction order, they will be permitted to serve that sentence in the community. This means the new order sits in the sentencing framework immediately below a sentence of imprisonment being served by way of full-time detention.
It follows from this that an intensive correction order can only be imposed in respect of an offence which is punishable by imprisonment. However, there is no further restriction on the type of offence which is eligible for the order. This is because the sentencing court is itself best placed to weigh up the myriad of factors relevant to sentencing in respect of both the offence and the offender. The offender must, however, be an adult to receive an intensive correction order. The order will not be available to young offenders in light of the different considerations that apply when sentencing children and young people.
The length of the term of imprisonment that may be the subject of an intensive correction order is limited, generally to two years. This limitation is intended to ensure that offences at the more serious level, or a combination of offences which would justify a longer sentence of imprisonment, would not ordinarily be eligible for an intensive correction order. Those offences would, and indeed should, usually attract an immediate term of imprisonment in full-time detention.
However, in certain circumstances a court will be able to allow a term of imprisonment to be served by way of intensive correction order when the sentence is up to four years in length. This recognises that a two-year maximum may not be appropriate in all circumstances and provides a degree of flexibility to the sentencing court. The court is required to take into account the harm caused to the victim and the community, whether the offender poses a risk to one or more people and the offender’s degree of culpability for the offence. These factors, taken together, ensure that a four-year intensive correction order will not be a common occurrence but will be reserved for those rare cases where all the circumstances make it appropriate.
The decision as to whether an intensive correction order should be imposed is one that will be a two-stage process. The first stage will require the court to decide that a term of imprisonment is the only appropriate sentence, having considered the other available penalties, and the length of that term of imprisonment. Only then may the court move to the second stage. This will require the court to obtain and have regard
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video