Sentencing Advisory Council says state govt should fork out for offenders court programs

Criminals would have the costs of their court-ordered programs covered by the taxpayer, under a Sentencing Advisory Council proposal.

The Sentencing Advisory Council argues that the current model ‘disproportionately and unfairly affects people with lower incomes’.

Taxpayers could be forced to stump up the cost of court ordered programs for criminals as part of a new wave of changes to the state’s sentencing laws.

The Sentencing Advisory Council has recommended that the Department of Justice and Community Safety cover the costs for offenders who can’t afford programs and services ordered by the court.

In a new report released on Tuesday, the council argues that the current model “disproportionately and unfairly affects people with lower incomes”.

The report also recommended that the Sentencing Act is amended to require courts to consider the financial circumstances of an offender in deciding whether to order conditions, such as a charitable donation, as part of a flexible community order known as an adjourned undertaking.

It argues the Department of Justice and Community Safety should develop a resourcing model to ensure that programs or services that form part of adjourned undertakings can be paid for by the state in some cases.

The Council recognised that taxpayers forking out for all conditions would not be “feasible or pragmatic” but expects that Victorian courts would “have discretion whether to order that a particular program be paid for, in light of the offender’s financial circumstances.”

Other recommendations included simplifying the terminology of “adjourned undertaking” to “good behaviour orders” and decriminalising breaches of the community orders, which currently have a maximum penalty of a fine.

“The Council found the breach offence is rarely and inconsistently prosecuted, can have a significant effect on court resources, and does not add to the powers a court can exercise in response to breach behaviours,” the report stated.

The Council said the recommendation has “unanimous stakeholder support from police, prosecutors, defence lawyers, offender support organisations, and others”.

Sentencing Advisory Council Chair Marilyn McMahon said adjourned undertakings – which in 2019 made up nearly one fifth of all sentencing outcomes – serve a “critical role in our justice system”.

Professor McMahon said the popular sentencing tool, designed for people who commit less serious offences, helped to “let people move on with their lives, and at the same time they make the community safer and save taxpayers’ money”.

A government spokeswoman said the report will inform its continued monitoring of Victoria’s sentencing laws.

“The Sentencing Advisory Council’s report highlights the important role adjourned undertakings play in keeping our community safe,” she said.

“The report is the first detailed examination of how adjourned undertakings are used in Victoria since their introduction in 1985.”