CRIMINAL LAW CHANGE IN VICTORIA: SUSPENDED SENTENCES ABOLISHED

For all offences committed in Victoria on or after 1 September 2014, a Magistrate or Judge no longer has the power to impose wholly or partially suspended sentences. In fact, in the County or Supreme Court in Victoria, a Judge cannot impose a suspended sentence for offences committed on or after 1 September 2013.

A suspended sentence is a term of imprisonment imposed on an offender that is not to be served immediately, or at all, subject to conditions. The offender is released into the community on the condition that they do not commit any further offence punishable by imprisonment during a specified period of time. If the offender breaches that condition, then, unless there are exceptional circumstances, he or she must serve the term of imprisonment (plus any additional sanction for the further offence).

 

The change in law has come about on the back of a perception that suspended sentences are a mere ‘slap on the wrist.’

It is the writer’s view, however, that suspended sentences have a place in the criminal justice system.

The utility of a suspended sentence is that it gives the offender one last chance to mend their ways. The suspended sentence hangs over the offender’s head for a period of time, hopefully encouraging the offender to make better choices and engage with appropriate support and rehabilitation services.

The unavailability of suspended sentences is likely to see those who would have previously qualified for a suspended sentence go directly to jail. This would include many offenders who have not previously served full time custody. The already overpopulated prison system will be put under more pressure. Further, and most importantly, offenders with prospects for rehabilitation will lose that last chance and serve time in jail where their prospects for rehabilitation are likely to be adversely affected.

Like all sentencing options currently available to our courts, there are circumstances where a suspended sentence is not appropriate. However, the converse is also true and now our Magistrates and Judges in Victoria do not have that option.

For experienced criminal law advice, contact the solicitors at Burt & Hanke Legal in Albury.