Chapter 5.5

Question 1

What is imprisonment?

Answer 1

People who have been convicted of a crime (usually, for serious crimes) can be sentenced to
imprisonment. This means they will be removed from society and have to spend time in prison, losing
their freedom and liberty.

Question 2

parole

Answer 2

the supervised and
conditional release of
a prisoner after the
minimum period of
imprisonment

Question 3

non-parole period

Answer 3

the minimum term a
prisoner must serve
before they can be given
parole

Question 4

remand

Answer 4

the situation where
an accused is kept
in custody until their
criminal trial can
take place

Question 5

Concurrent and cumulative sentences

Answer 5

Concurrent Sentences: Multiple sentences are served simultaneously. For instance, a six-month sentence for theft and a two-year sentence for assault served concurrently means the offender serves a total of two years in prison.

Cumulative Sentences: Sentences are served one after the other. Using the same example, if sentences are served cumulatively, the offender would serve a total of two years and six months. Cumulative sentences are required for:
- Certain serious offences (e.g., arson, certain drug, sexual, and violent crimes)
- Default imprisonment for non-payment of fines
- Offences committed by prisoners or escape offences
- Offences committed while on parole or bail

Question 6

concurrent sentence

Answer 6

a sanction that is to be
served at the same time
as one or more other
sentences; usually
given in relation to two
terms of imprisonment

Question 7

cumulative sentence

Answer 7

where two sentences
are imposed, and are
to be served one after
the other; for example
a term of imprisonment
is to be commenced
after the first term is
served

Question 8

Indefinite sentences

Answer 8

If a person (other than a young person) is convicted by the Supreme Court or the County Court of a
serious offence
The court can only impose an indefinite sentence if it is satisfied, to a high degree of probability,
that the offender is a serious danger to the community because of:
* their character, past history, health, age or mental condition
* the nature and gravity of the serious offence
* any special circumstances.
An indefinite sentence is a type of imprisonment without a set end date, meaning the offender is not given a specific release date. Instead, the sentence lasts until the court is satisfied that the offender no longer poses a serious danger to the community.

Question 9

Sentencing purposes of
imprisonment

Answer 9

The primary purposes of imprisonment are punishment,
protection, deterrence and denunciation, given it is the most
serious sanction that can be imposed and results in a loss
of liberty. However, rehabilitation can also be achieved in
some circumstances.

Question 10

punishment purpose of imprisonment

Answer 10

depending on how
long the term is,
imprisonment can
achieve punishment
given its punitive
nature and the fact
that offenders lose
their freedom.

Question 11

specific deterrence of imprisonment

Answer 11

imprisonment can
achieve specific
deterrence given
the nature of
imprisonment.

Question 12

general deterrence purpose of imprisonment

Answer 12

imprisonment can
act as a general
deterrence because
of its custodial
nature and given the
seriousness of the
sanction.

Question 13

denunciation purpose of imprisonment

Answer 13

by taking away a
person’s liberty,
imprisonment sends
a strong message
to the community
that this type of
behaviour is not
acceptable.

Question 14

rehabilitation purpose of imprisonment

Answer 14

rehabilitation can be
achieved depending
on the offender and
the programs.

Question 15

protection purpose of imprisonment

Answer 15

protection is
achieved as the
offender is removed
from society, but
there should also
be consideration
to long-term
protection.

Question 16

Factors to consider when assessing the ability of imprisonment to achieve the purpose of punishment

Answer 16

• Length of Imprisonment: A longer prison term usually imposes a greater restriction on freedom and acts as a harsher punishment, though even a short term can be significant due to the loss of liberty.
• Offender’s Circumstances: The effectiveness of imprisonment as a punishment can vary based on the offender’s circumstances. For instance, a mentally disabled offender who does not comprehend the impact of imprisonment may not experience the intended punitive effect.

Question 17

Factors to consider when assessing the ability of imprisonment to achieve the purpose of specific deterence

Answer 17

• Length of Imprisonment: A longer prison term can act as a stronger deterrent by significantly restricting freedom, but its effectiveness can vary by offender.
• Offender’s Circumstances: The deterrent effect of imprisonment may depend on the offender’s situation, such as a mental disability, which might prevent them from fully understanding or being deterred by the punishment.
• Nature of Imprisonment: Research indicates that prison time can sometimes normalize violence and reinforce criminal behavior. Exposure to negative influences or learning harmful behaviors in prison can undermine the deterrent effect.

Question 18

Factors to consider when assessing the ability of imprisonment to achieve the purpose of general deterence

Answer 18

• Offender’s Circumstances: General deterrence may be ineffective if the offender’s unique situation or illness means that the sentence does not resonate with or deter the general public.
• Length of Sentence: Longer sentences are likely to serve as a stronger general deterrent, conveying a clearer message to the community about the unacceptability of the behavior.

Question 19

Factors to consider when assessing the ability of imprisonment to achieve the purpose of denucntion

Answer 19

• Length of Sentence: Longer prison terms are more likely to convey a stronger message about the severity of the crime, while shorter terms may not have as much impact.
• Communication to the Public: Effectively communicating sentences to the public is crucial to ensure that people understand that certain behaviors are unacceptable and may lead to imprisonment.

Question 20

Factors to consider when assessing the ability of imprisonment to achieve the purpose of rehabilitation

Answer 20

• Programs Available: Rehabilitation depends on the availability and suitability of programs tailored to the offender’s needs, such as those promoting family connections.
• Willingness to Participate: Voluntary participation is crucial for effective rehabilitation; forced participation may not address underlying issues.
• Prospects of Rehabilitation: The court considers factors like remorse and criminal history to assess an offender’s likelihood of successful rehabilitation.
• Addictions: Addressing any existing addictions is vital; failure to do so can lower rehabilitation prospects.
• Length of Sentence: Longer sentences can hinder rehabilitation, while shorter terms may facilitate a focus on rehabilitation and provide motivation, depending on the nature of the offence and the offender.

Question 21

Factors to consider when assessing the ability of imprisonment to achieve the purpose of protection

Answer 21

• Length of the Sentence: Longer sentences offer more protection to society by keeping the offender away from the community for a greater period. Indefinite sentences provide ongoing protection if the offender is deemed a continuing threat.
• Circumstances of the Offender: The risk to society depends on the offender’s attitude towards treatment and their criminal history. Offenders with many prior convictions or who resist treatment may pose a higher risk of reoffending.
• Treatment and Rehabilitation: The effectiveness of protecting society also depends on the offender’s participation in rehabilitation programs. Successful treatment and addressing underlying issues, such as drug addiction, are crucial for reducing future offending.