Sentencing Advisory Council to examine alternative sentencing options

The phasing out of suspended sentences was a key commitment which the Liberal Government took to the election.

We are committed to ensuring that the community feels safe and has confidence in the justice system, and that sentencing reflects the gravity of the crime.

Suspended sentences are neither an adequate deterrent nor the best rehabilitation option. They are widely perceived as a slap on the wrist by the community.

We can do better by replacing suspended sentences with an increased range of alternative sentencing options.

In order to progress this important initiative, I have referred the matter to the Sentencing Advisory Council (SAC), asking them to thoroughly explore options for reform in this area. The Terms of Reference for this work have been developed in consultation with the SAC.

The SAC will provide a progress report within 12 months of the project commencing and a final report within six months of the interim report.

Terms of Reference

Consistent with the Government’s commitment to phase out Suspended Sentences and replace them with alternative sentencing options, the following Terms of Reference have been provided to the SAC:

1. Examine Tasmania’s current use of suspended sentences of imprisonment for adults and young offenders including:
• The frequency with which they are used;
• The offences for which they are used;
• The length of sentences;
• Breach rates;
• Sentencing practices on breach; and
• Recidivism rates including where reoffending does not result in a breach.
2. Examine Tasmania’s current use of other sentencing options including actual terms of imprisonment, community based orders and conditional release orders and the possible effect on them of the abolition of suspended sentences.
3. Research legislative approaches to suspended sentencing options in other jurisdictions in Australia and overseas, (including an analysis of and commentary on any published statistics on suspended sentences and breaches) and on the effect of abolition of suspended sentences on imprisonment numbers.
4. Investigate the range, adequacy and cost of alternative sentencing options, such as but not limited to, home detention, intensive correction or supervision, deferred sentencing, restorative and therapeutic options.
5. Explore approaches to phase out Tasmania’s existing sentencing option to suspended sentences including transitional arrangements and discuss the possible effect of this on the imprisonment numbers.
6. Provide recommendations for any necessary sentencing reforms consequent on the abolition of suspended sentences.
7. Any other sentencing reform matters the Sentencing Advisory Council considers relevant to the Terms of Reference.
8. Consult with key stakeholders including but not limited to members of the judiciary, the legal profession, victims of crime and the wider community in relation to alternative sentencing options.
Vanessa Goodwin, Attorney-General