Mandatory sentencing reforms for assault, domestic violence breaches and drug offences delayed till March

Changes meant to herald a new era of ‘smarter justice’ in the Territory have been repeatedly delayed for nine months. See the reasons behind the latest hold-up.

At the time Attorney-General Chansey Paech said its passage marked “a new, smarter approach to keeping our community safe”, repealing the failing “one-size-fits-all” approach to sentencing. Picture: Pema Tamang Pakhrin

Mandatory sentencing reforms heralded as a new era of “smarter justice” for the Territory have been delayed once again due to technology breakdowns and legislative quirks.

In November 2022 the NT Parliament passed the Sentencing and Other Legislation Amendment Bill which removed compulsory jail time minimums for assault, drug offences, and breaches of domestic violence orders.

At the time Attorney-General Chansey Paech said its passage marked “a new, smarter approach to keeping our community safe”, repealing the failing “one-size-fits-all” approach to sentencing.

Mr Paech told the parliament that the reforms were expected to start by the second half of 2023 — however more than 13 months after they passed the new sentencing arrangements are still not in place.

It was understood the reforms would kick in this Monday, however the Attorney-General’s office has now confirmed the sentencing changes would be delayed by another two months to March 25 — nine months after their expected start date.

A spokeswoman for the Attorney-General said the delays were due to a combination of information and communications technology issues and the need for further legislative changes.

On Wednesday, Mr Paech clarified that a “technical amendment” to allow community corrections workers to enforce orders was overlooked when passing the November 2022 Bill.

The sentencing reforms had promised the delivery on in-community rehabilitation programs, with the Attorney-General’s office assuring that the drug and alcohol, domestic violence and other enforced behaviour change programs were “ready to roll” and already accessible in the community.

Concerns have been repeatedly raised about the sufficiency of funding for domestic violence services, particularly Men’s Behaviour Change Programs, given the sentencing reforms. 

Internal government documents revealed that the NT government slashed a recommended $33m five-year MBCPs funding proposal, providing only a third of the money over two years under the latest Domestic Violence Action Plan.

This is despite warnings that “the allocation of only two years funding for MBCPs is likely to impact on the success of the (mandatory sentencing) legislative change,” a ministerial briefing said.

Attorney-General and Justice Minister Chansey Paech and NT Correctional Services Commssioner Matthew Varley at the National Corrections Day 2024, Darwin. Picture: Pema Tamang Pakhrin

A 2021 NT Law Reform Committee report called for all mandatory sentencing and mandatory minimum parole periods to be repealed, yet the 2022 reforms only removed it for assault, drug offences, and breaches of domestic violence orders.

Mandatory minimums still apply for homicide, sexual offences, and assault against police officers or emergency service workers.

The 2021 committee — who included legal experts like the local court Chief Judge, Supreme Court Justice, the NT Law Society president, police, NT Ombudsman and the then-Anti-discrimination Commissioner — concluded that the binding sentences were “unprincipled, unfair and unjust”.

“(And) should the Northern Territory government accept the Committee’s recommendation and abolish mandatory sentencing, it is anticipated that the rate of incarceration in the Northern Territory will decrease,” the report said.

In the time taken to enact the sentencing reforms there were 11,408 reported assaults in 2022-23 — only 77 per cent of which were ever solved — 4507 breaches of violence orders and 1387 drug crimes, according to the NT Police annual report.