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Canberra Today 14°/16° | Friday, March 29, 2024 | Digital Edition | Crossword & Sudoku

Community based sentencing introduced

Alexander Maconochie Centre, jail, prison

SIMON Corbell says legislation to expand restorative justice and to establish a new community based sentencing option to replace periodic detention was introduced in the Legislative Assembly today.

“The Crimes (Sentencing and Restorative Justice) Amendment Bill allows the restorative justice program to be expanded in two stages and introduces intensive correction orders as a sentencing option,” Simon said.

“The Bill will strengthen our ability to confront and support offenders to address their behaviour with the ultimate aim of reducing the likelihood of further crime.

“These amendments increase our options for dealing with crime without requiring a custodial sentence consistent with the need for community safety.

“As well as making it less likely that offenders will re-offend, restorative justice can also provide better outcomes for victims.

“We know that restorative justice empowers victims of crime by giving them a safe forum to express how an offence has affected them and providing them with an opportunity to address unresolved issues.

“The first stage amendments will open restorative justice to adult offenders and to more serious offences. The second stage will allow restorative justice to apply to domestic violence and sexual offences and will only commence after further consultation with stakeholders.

“A two-stage approach recognises the sensitive nature of these offences and the special preparation required to ensure the integrity of the restorative justice process for all participants, particularly victims.

The legislation also introduces intensive correction orders as a new sentence into the ACT’s existing sentencing framework.

The order is a sentence of imprisonment that can be served in the community if an offender complies with a number of strict conditions. These include a core condition of supervision by ACT Corrective Services, as well as additional conditions determined by the court on a case by case basis.

“Community safety is paramount,” Simon said.

“This is why offenders will be subject to a specialised assessment by corrections officers, and need to satisfy a range of criteria before being considered eligible for an intensive correction orders. Breaches of these orders will also be dealt with using swift, certain and proportionate responses.”


UPDATE: The Law Society has expressed considerable displeasure:

The President of the Law Society of the ACT, Mr Martin Hockridge, today expressed concern at proposals by the ACT Government to remove the ongoing supervision of new intensive correction orders (ICOs) from sentencing courts and expressed disappointment concerning the deferral of an electronic monitoring of offender capability.

“The Society has worked with Government in its attempts to develop new sentencing options following its decision in 2014 to abolish periodic detention,” said Mr Hockridge. “A replacement option is required.

“Implementation of ICOs, including the power to order electronic monitoring, was seen by the Society as a valuable sentencing option for courts in the ACT. The Society’s support was based on an understanding that ICOs would be subject to review by the sentencing court and that electronic monitoring would be available.

“It is of concern to the Society that this potentially positive initiative has been compromised.

“The Society opposes the Government’s proposal to allow decisions related to breach, suspension and cancellation of the ICOs to be taken by the Sentence Administration Board rather than the sentencing court.

“We believe that this class of decision – that can result in the imprisonment of offenders – should only be made by a court.

“It is regrettable that these decisions have been referred to an administrative body. If the decision has been taken because of resource and timing issues, the better approach would be to properly resource the courts to be able to deal quickly with breach proceedings.

“Provision has not been made for electronic monitoring of offenders in the legislation. The Society understands that electronic monitoring may later be introduced, but through regulation.”

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