New Sentencing Options and Sentencing Principles

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Consultation has concluded

About

This consultation has concluded

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We want you to provide your feedback on the draft Sentencing Bill 2016.

What is being decided?

The draft Sentencing Bill 2016 (PDF 409KB) proposes amendments to the Criminal Law (Sentencing) Act 1988, changing how criminal offenders are sentenced in court. The changes include new sentencing principles, changes to victim compensation and new sentencing options.

New Sentencing Principles
The Bill changes the factors that a court must consider when making sentencing decisions. It proposes a new primary consideration in sentencing, being the protection of the safety of the

About

This consultation has concluded

-------------------

We want you to provide your feedback on the draft Sentencing Bill 2016.

What is being decided?

The draft Sentencing Bill 2016 (PDF 409KB) proposes amendments to the Criminal Law (Sentencing) Act 1988, changing how criminal offenders are sentenced in court. The changes include new sentencing principles, changes to victim compensation and new sentencing options.

New Sentencing Principles
The Bill changes the factors that a court must consider when making sentencing decisions. It proposes a new primary consideration in sentencing, being the protection of the safety of the community, together with a series of secondary considerations that a court must take into account.

The proposed primary consideration is new. The secondary considerations reflect the current law, but systematise it and make it transparent.

Changes to Victim Compensation
Under current law, criminal offenders can be ordered to provide compensation to victims. Currently, property from convicted offenders can only be seized if it is proceeds of the crime, or unexplained wealth.

The suggested changes in the Bill allow the seizure of all the offender’s property and wealth, whether or not it was earned legitimately. This measure will be a significant advance in victims’ rights in some cases.

New Sentencing Options
While sometimes there is no alternative to a prison sentence, there are circumstances where people can be more effectively rehabilitated in other ways. To address this, the Bill proposes two new types of sentences that courts can impose: Community Based Orders and Intensive Correction Orders.

Download the fact sheet (PDF 228KB) for more information about the proposed changes.

How can your input influence the decision?

We want your feedback on the proposed changes and how you think it will impact your community and the criminal justice system. You can send in a submission via justicereform@sa.gov.au, or provide your comments in the online discussion.

You can receive updates on the outcomes of the consultation by signing up to the mailing list. Simply email justicereform@sa.gov.au. Comments will be accepted until 5pm Friday 9 September 2016.

Want to know more?

These changes are part of the South Australian Government’s ongoing commitment to criminal justice system reform, through the Transforming Criminal Justice initiative. To find our more, go to www.agd.sa.gov.au/TCJ.

Consultation has concluded
  • Update

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    by BTT_Migration_Team,

    Sentencing Bill 2016 passed Parliament on 6 July 2017.

    Under the new laws, courts will be able to impose two additional types of sentence: community-based orders and intensive correction orders. Intensive correction orders offer a further level of protection, while better supporting the rehabilitation of those offenders for whom a sentence of imprisonment is not considered appropriate.

    In addition, the Bill gives judges and magistrates more guidance about how to prioritise considerations when sentencing offenders. They will have to place public safety first ­ with other factors such as rehabilitation, punishment, publicly denouncing an offender and holding them to account given secondary consideration.

  • Update

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    by BTT_Migration_Team,

    New Sentencing Options and Principles Update

    The Sentencing Bill 2016 has been introduced to Parliament, and is due to be considered in 2017. The Bill proposes a number of changes to how criminal offenders are sentenced in court, including new sentencing principles and new sentencing options. It is part of a broader set of reforms, as part of the Transforming Criminal Justice initiative.

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