Transforming Criminal Justice: Better Sentencing Options

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Consultation has concluded

About

This consultation has closed, thanks for your interest. You can find the outcome here.

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The criminal justice system serves the community of South Australia. What's it all about?

The community has the right to expect a criminal justice system that is just and fair, people-focussed, visible and accessible, and that operates efficiently and effectively. The purpose of the Strategic Overview is to begin a conversation with you, as a member of the community, and the legal profession about the operation of the criminal justice system as a whole, and to consider what improvements can be made.

A

About

This consultation has closed, thanks for your interest. You can find the outcome here.

_____________________________________

The criminal justice system serves the community of South Australia. What's it all about?

The community has the right to expect a criminal justice system that is just and fair, people-focussed, visible and accessible, and that operates efficiently and effectively. The purpose of the Strategic Overview is to begin a conversation with you, as a member of the community, and the legal profession about the operation of the criminal justice system as a whole, and to consider what improvements can be made.

A shared vision

For reform to be successful, the community and all organisations and agencies across the criminal justice sector need to have a shared vision, commitment and a common purpose. The sector needs to work together to develop this shared vision. The South Australian Government is committed to bringing together the agencies and organisations that make up the criminal justice system and to engaging with the broader community sector to create this shared vision.

Getting involved

We want your feedback on whether some individuals, who would otherwise be sentenced to imprisonment, could be punished and rehabilitated in other ways following a proper risk assessment.

The South Australian Attorney-General has released the next Transforming Criminal Justice: Putting People First Discussion Paper on Better Sentencing Options: Creating the Best Outcomes for Our Community.

Better Sentencing Options considers what the appropriate consequences are for offenders who commit crimes, and how best the community can be served through sentencing.

The Paper emphasises that community protection must remain the primary objective, and that community safety is enhanced when the rate at which people commit crimes is reduced.

To have your say:

This consultation will remain open until 29 August 2015.

You may like to download the Transforming Criminal Justice Strategic Overview (PDF 3MB) document to gain a deeper understanding of the current issues and challenges in the criminal justice sector.

Register your interest (justicereform@sa.gov.au) to receive information about each of the future Transforming Criminal Justice consultations which will occur throughout 2015, and provide your views as the Government puts bold and brave ideas for proposed reform to the community, the legal profession and the criminal justice sector.


*Important information about your submission:

If you do not want the public to read your answers, please write “confidential” on your submission. Please be aware that unless you write “confidential” on your submission it should be expected to be made public. If someone asks for your answers through the Freedom of Information Act process, and if you have told us your answers are confidential, we will contact you and explain what is happening. However, we have to follow the law. Even if your answers are confidential, we may still have to let someone read your confidential answers, if they ask for them through the Freedom of Information Act process.


Consultation has concluded

  • Outcome

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    A Bill has been now been introduced into SA Parliament on Better Sentencing Options.

    The Government had asked the community to provide feedback on whether some individuals, who would otherwise be sentenced to imprisonment, could be punished and rehabilitated in other ways following a proper risk assessment.

    The Statutes Amendment (Home Detention) Bill 2015 was introduced into Parliament on 10 September 2015. The Bill proposes amendments to the Criminal Law (Sentencing) Act 1988 and the Correctional Services Act 1982. To download a copy of the Bill, visit the Attorney-General's Department website.

    The Bill proposes amendments to the Criminal Law (Sentencing) Act 1988 such that:

    • a court will have the ability to order that a period of imprisonment be served on home detention in place of a custodial sentence.
    • a home detention order will be a valid sentencing option where a court has determined that a sentence of imprisonment must be imposed and there does not exist good reason to suspend that sentence, but the offender is considered to be a suitable candidate to serve the period of imprisonment on home detention.
    • the paramount consideration of a court in determining whether to make such an order must be the safety of the community.
    • a home detention order is intended to be a sentencing option for an offender who has been individually assessed as posing a low risk of causing harm to the community or of reoffending.

    The amendments proposed by the Bill to the Correctional Services Act 1982 draw on the experience of the home detention program already implemented and operated by the Department for Correctional Services.

    The Bill also amends the Correctional Services Act 1982 to expand the current home detention program and removes the requirement for prisoners to serve 50 percent of a non-parole period (or total sentence where no non-parole period is fixed) before being eligible for release on home detention, as well as removing the limitation that prisoners can only spend a maximum period of 12 months on home detention. All other eligibility criteria for release on home detention under the Correctional Services Act 1982 will remain - with life sentenced prisoners, sex offenders and terrorist offenders remaining ineligible.

    You can download the Bill, fact sheets, the discussion paper and media release here.