Proposed laws mean some criminals in South Australia could serve time at home
COURTS can order some criminals to serve their prison sentence at home, while violent offenders who pose a risk to public safety will serve longer sentences under laws before Parliament. Have your say — VOTE NOW
CRIMINALS given a jail term of less than two years may serve their entire sentence in the community under strict conditions in a revamp of SA’s sentencing legislation.
Under the new Sentencing Act, Judges and Magistrates’ primary consideration when sentencing must be community protection — which should result in longer sentences for those convicted of violent offences or those that severely impact the public.
The new move may also see those convicted of less serious crimes that do not impact the public receive a lesser sentence than under the current sentencing provisions.
Attorney-General John Rau on Friday said the existing Act was complicated and it was often “difficult’’ to ascertain how a sentence was arrived at and what factors were taken into account.
“What I have done is basically scrap all of that and replace it with one fundamental, overriding principal which is the safety of the community,’’ he said.
“What I would expect to see, if it is implemented, is dangerous and violent offenders probably getting longer sentences and possibly see people who are doing things which while bad, but not necessarily hurting anybody, perhaps get lighter sentences.
“For example, the person who is caught multiple times for driving without a licence, but that is the only offence they have committed.’’
Secondary considerations in sentencing, including punishment and rehabilitation, that reflect the old legislation are also made more transparent in the new Act.
The measures, arising from the government’s Transforming Criminal Justice program, have been the subject of community consultation for the past 12 months and are expected to be introduced in parliament next month.
Major initiatives in the revamped Act are two new types of sentences a court can impose — a community-based order and an intensive correction order.
The community-based order will replace the existing community service order and will ensure a person who is convicted of a crime, but not given a custodial sentence, is subject to strict conditions while completing the court-imposed order.
The conditions could include completing rehabilitation programs, education, training and restitution. They may also be subject to curfews, drug and alcohol testing and banned from contacting certain people or groups.
An intensive correction order will be an option for a sentencing judge or magistrate who has sentenced an offender to two years jail or less — such as in minor drug matters, fraud, property and behavioural offences.
Under the order an offender will serve their sentence in the community living at home and continuing their employment. They will be subject to strict monitoring conditions such as curfews and monitoring.
This option is only available to adult offenders and the court can also order the offender to contribute to the cost of any treatment or rehabilitation.
Under the Act is will be an offence to breach any part of the order and if the person commits another offence the order can be revoked.
Mr Rau said final consultation with bodies including the Law Society and SA Bar Association would conclude on September 9.
“It is all very well saying we have to punish everybody, but imprisonment should be a last resort and it should be predominantly to protect the public from very dangerous people,’’ Mr Rau said.
“If they are dangerous people they should be spending longer in prison, not a shorter period.’’
He did not anticipate the new measures would dramatically impact on the population of the state’s overcrowded prisons.
“There will be some people who will be getting tougher sentences and spending more time in jail and they will be the dangerous people,’’ he said.
The new Sentencing Act enhances the ability of the court to enforce orders for compensation to victims of fraud and dishonesty offences.
At present a person convicted of a major fraud offence can only have their assets seized if they are the proceeds of crime or under unexplained wealth provisions. The new Act allows for the seizure of all of the offender’s property and wealth, where an order is made to compensate victims.
The new Sentencing Act follows the introduction of the legislation expanding home detention provisions for low security offenders.