Sanctions Flashcards
(36 cards)
Sanctions
Criminal punishments provided by the courts are referred to as sanctions.
5 aims of criminal sanctions
Punish Protect Denunciate Deter Rehabilitate
Punish
The law must punish offenders so that victims or their families can seek retribution
without taking the law into their own hands. If individuals did take the law into their hands, crime would increase and society would deteriorate. Imprisonment and the deprivation of freedom is the ultimate punishment in our society.
Protect
• protect – While imprisonment is seen as a punishment of last resort, a few offenders are given very long periods of imprisonment because the courts deem them to be a danger to society. The horrendous nature of the crime, the lack of remorse and the offender’s callous attitude indicate that the person should be kept out of society for as long as possible.
Denunciate
When sentencing, the court may give a sentence that is harsh enough to show the disapproval of the court; that is, the court denunciates the particular behaviour. This will give others in society the message that this type of criminal behaviour will not be tolerated.
Deter
The law aims to deter the offender and others in society from committing the same or similar offences in the future. A punishment imposed as a general deterrent is one that discourages people in general from committing the crime, whereas a specific deterrent is aimed at stopping the particular offender from repeating the offence. A recidivist is a person who continues to commit crimes despite being punished for them.
Rehabilitate
It is in society’s interests to try to help offenders change their ways, otherwise crime rates and prison costs will escalate. In providing offenders with improved opportunities in the form of education, training, assistance and support (for example, counselling), the legal system hopes that offenders will grasp the chance of a better future and become law-abiding citizens.
To be effective, criminal sanctions must be:
• appropriate to the severity of the crime committed
• appropriate for the offender, taking into consideration the financial, social, cultural and health
circumstances of the offender
• acceptable to the community
• able to fulfil the aims of criminal sanctions.
Imprisonment
Imprisonment is the most serious type of sanction and should be imposed as a last resort. For some serious offences, however, it is the only appropriate sanction.
Parole, no parole period, parole conditions
Parole is an early release from prison. A court may set a non-parole period when determining a sentence. This period is the time an offender must serve in prison before applying for parole. It is not automatic. The offender must prove to the Parole Board that they are worthy of serving the rest of their sentence in the community. Prisoners granted parole must comply with parole conditions, which may involve reporting to a parole officer on a regular basis, undergoing treatment, being subject to electronic monitoring and complying with curfews or restrictions on where to live. It is an offence punishable by up to three months’ jail served cumulatively or a fine of 30 penalty units to breach parole conditions without reasonable excuse or to commit another offence while on parole.
Concurrent sentences
Most sentences are concurrent sentences (served at the same time). This means that if an accused was given, for example, three years for burglary, and one year for going equipped to steal, he would serve three years because the sentences are served at the same time.
The court has the discretion to impose cumulative sentences (served one after the other). However, there are some circumstances when cumulative sentences must be imposed. These include:
• in default of payment of a fine or sum of money
• when a prisoner commits a prison offence, an escape offence or a breach of parole offence
• when a serious sexual offender commits a sexual offence or a violent offence
• when a person commits a sexual offence or a violent offence during the parole period of a sentence
imposed on him or her for a sexual offence or a violent offence.
Indefinite sentence, nominal period
The court can sentence an adult offender to an indefinite sentence regardless of the maximum penalty for the offence when the court believes the offender is a serious danger to the community. The offender must have committed a very serious offence; for example, murder, manslaughter, kidnapping,
Deferred sentences
The Magistrates Court or County Court can defer a sentence for any offender up to 12 months. A deferred sentence allows the offender time to rehabilitate or to make amends for their behaviour. The court will sentence the person at the end of the deferral period taking into account any progress the person may have made during that time. The court may also ask that a pre-sentence report in respect of the offender be completed during the deferral period. The option to defer sentencing was first introduced for children in the Children’s Court for periods of up to four months and has now been adopted by adult courts.
Youth justice centre order
A young person aged between 15 and 20 years who has been found guilty of very serious offences, or has appeared in court many times previously, may serve a period of detention in a youth justice centre (YJC).A youth justice centre order is used as a last resort after other sentencing options have been unsuccessful in rehabilitating the offender.
While in detention, the young people will be expected to participate in activities and programs such as:
• drug and alcohol counselling or anger management counselling
• TAFE courses
• sports activities
• YMCA programs
• outings organised by the YJC
Work release
Youth residential centre order
Younger offenders (10–14 years old) may be given a youth residential centre order, which requires them to be detained at a youth residential centre. While detained the young person attends school and participates in programs which try to address behavioural issues.
Youth attendance order
A youth attendance order is a community based sentence for young people over 15 years of age. It requires them to report to a youth justice unit for up to one year and for no more than 10 hours a week, where the young person is given the opportunity to work through behavioural issues and to make amends for offences by completing community work. Failure to comply will result in detention in a youth justice centre.
Youth supervision order
Alternatively, a youth supervision order requires a young person between 10 and 18 years of age to report to a youth justice unit up to 12 months (or 18 months for more serious offences). The young person attends for up to six hours a week to do supervised community work.
Probation order
A child found guilty of an offence can be subject to a probation order where the young person remains in the community but must report as required to a youth justice officer. The order may also impose other conditions such as regular school attendance or an undertaking not to reoffend.
A drug treatment order
The purpose of a drug treatment order is to help rehabilitate the offender by providing a judicially
supervised drug or alcohol treatment program. The aim is to reduce the level of criminal activity associated with drug and alcohol dependency and reduce the offender’s health risks associated with drug or alcohol dependency.
Restricted involuntary treatment orders, where are they taken
When a person with a mental illness is found guilty of an offence the court has the option of placing the offender on a restricted involuntary treatment order for up to two years instead of passing sentence. These orders are not used in serious offences involving violence or sexual assault. The order can be made if:
• the person appears to be suffering a mental illness requiring treatment
• treatment can be obtained from an approved mental health service
• the person must be detained for his or her own protection or for the protection of the public.
The person is taken to an approved mental health service. Once a psychiatrist has assessed the offender’s condition, the person will either be admitted as an involuntary patient or placed on a restricted community treatment order, which allows the person to live in the community while being treated. These orders last until the restricted involuntary treatment order expires or it is revoked.
Hospital security orders
Mentally ill offenders who would otherwise be imprisoned can be given a hospital security order as their sentence. These orders cannot be imposed for more than the period of imprisonment that would have been given if the offender were not mentally ill. The person remains in the mental health facility or serves the remainder of the time in prison if treatment is no longer required.
Non custodial sentences
Non-custodial sentences are sanctions that are carried out in the community and do not involve a prison sentence, although a community correction order can be combined with a prison sentence.
Community corrections order
A community correction order is a sentencing option which allows the offender to remain in the community. They will be able to maintain their employment and draw on the assistance of family or friends to take responsibility for their actions and avoid reoffending. It involves • not reoffend
• report to a community correction centre and comply with directions given by community
corrections officers
• a sentence of up to three months’ imprisonment in addition to the order
• a fine in addition to the order
• payment of a bond which will be forfeited if the offender does not comply with the order
• up to 600 hours of unpaid community work – a maximum of 20 hours (or 40 hours (with the
offender’s consent) to be completed in seven days
LAST 4 DOT POINTS OPTIONAL
