Sentencing practices in Victoria and in Norway

Question 1

Sentencing options in Victoria:

Answer 1

• Dismissal, discharge, adjournments
• Fine
• Community corrections order
• Drug treatment order
• Hospital security order
• Imprisonment

Question 2

Dismissal, discharge, adjournments

Answer 2

Release or discharge of accused

Question 3

Fine

Answer 3

Payment of money into the court

Question 4

Community corrections order

Answer 4

Sentence served in community with conditions attached

Question 5

Drug treatment order

Answer 5

Rehabilitation program for drug offenders

Question 6

Hospital security order

Answer 6

Detention in mental health facility

Question 7

Imprisonment

Answer 7

Detention in prison, away from society

Question 8

Imprisonment in Victoria

Answer 8

• Therapeutic justice
• Drug Court
• Koori Court
• Neighbourhood Justice Centre
• Assessment and Referral Court List

Question 9

Therapeutic justice

Answer 9

Therapeutic justice is where underlying health and personal issues are addressed to prevent re-offending. It focuses on the cause of offending, rather than on punishing offending. Several therapeutic justice-based practices have been introduced into Victoria in the past 20 years

Question 10

Drug Court

Answer 10

A division of the Magistrates’ Court dealing with offenders who are addicted to drugs

Question 11

Koori Court

Answer 11

A sentencing court for indigenous offenders

Question 12

Neighbourhood Justice Centre

Answer 12

A Magistrates’ Court that takes a more holistic approach to sentencing

Question 13

Assessment and Referral Court List

Answer 13

Within the Magistrates’ Court to meet the needs of cognitively impaired offenders.

Question 14

Legal system in Norway

Answer 14

Norway has a low crime rate compared with Australia and most other countries in the world.
- rates of recidivism are also low (around 20%, compared to over 40% in Victoria)
- places less reliance on imprisonment and focuses more on rehabilitation and restorative justice

Question 15

Sentencing options in Norway

Answer 15

• imprisonment
• preventive detention
• community service
• fines
• loss of rights

Question 16

Sentencing options in Norway - Imprisonment

Answer 16

Normal maximum sentence is 21 years

Question 17

Sentencing options in Norway - Preventive detention

Answer 17

Offenders can be kept in prison for up to 5 more years at the end of their sentence if they are assessed to still be a danger to society.

Question 18

Sentencing options in Norway - Community service

Answer 18

Similar to Victorias CCO

Question 19

Sentencing options in Norway - Fines

Answer 19

The same type of Penalty as Victoria

Question 20

Sentencing options in Norway - Loss of rights

Answer 20

Offenders can be stripped of their right to participate in some activities

Question 21

Imprisonment in Norway

Answer 21

• prison population per 100 00 people is 74, versus 162 in Australia
• over 89% of prison sentences in Norway are less than 1 year long

Question 22

Life in Norwegian prisons

Answer 22

• much more like life on the outside than life in Australia’s prisons
• even maximum security prisons, like Halden, have running tracks, recording studios and access to computers.