Sentencing law changes in SA mean serious violent criminals face longer terms, others sent to rehab programs

SERIOUS violent criminals would likely be locked away for longer and those who pose less risk to public safety diverted to rehabilitation programs, under proposed sentencing changes.

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SERIOUS violent criminals would likely be locked away for longer and those who pose less risk to public safety diverted to rehabilitation programs, under proposed sentencing changes.

Attorney-General John Rau will on Tuesday release proposed reforms of the state’s sentencing laws, which he says would clarify a confused message currently being sent to judges.

Mr Rau told The Advertiser existing laws governing what should be considered at sentencing were confused and often contradictory, and should be replaced with a clear focus on “community safety”.

The plan will be released for consultation before introduction to State Parliament.

It comes as the State Government also pledges a move away from a “rack, pack and stack” policy in the state’s prisons, where overcrowding is forcing new spending on jail expansions.

Mr Rau said a “community safety” focus could overcome “uninformed” calls to simply throw all criminals behind bars, while offering more protection against the most dangerous of offenders.

“The Sentencing Act has been amended umpteen times. It now has got layer upon layer of amendment to it and ... you’re left with this state of complete confusion,” he said.

“You’ve got multiple considerations which are, in some instances, contradictory.”

Mr Rau said community safety should be emphasised “above all other” sentencing considerations, which also include prospects of rehabilitation and desire to extract punishment.

“If you’re dealing with repeat violent offenders, or repeat sex offenders, I think the on-the-ground consequence of this might be heavier sentences for those people,” he said.

“The way in which you protect the community from somebody like that, who is a serial offender, is to keep them away from the community.

“In the case of some other people, if there were reasonable prospects of their rehabilitation and the best way to protect the community long-term was by preventing reoffending, there might be a bias away from a custodial sentence.”

Mr Rau said public calls for heavy sentences, and politicians seeking to capitalise on that mood, created a “ratcheting up” of maximum sentences regardless of their benefit or effect.

Mr Rau said the proposed changes were unlikely to lead to a major cut in prisoner numbers, because some criminals would be behind bars longer and others not put in jail in the first place.

He said more funding may be needed to expand prisoner rehabilitation programs.

Consultation will remain open until March 15.

Opposition Deputy Leader Vickie Chapman said courts already placed a strong focus on community safety in sentencing and more funding was needed for rehabilitation programs.

“I think judges are already familiar with that obligation and implement it,” she said.

“This is just window dressing. If he (Mr Rau) had any clue about dealing with sentencing he would add more provision for rehab. Changing the law is always the cheap announcement.”