Sanctions

Question 1

Sanctions

Answer 1

Criminal punishments provided by the courts are referred to as sanctions.

Question 2

5 aims of criminal sanctions

Answer 2

Punish
Protect
Denunciate
Deter 
Rehabilitate

Question 3

Punish

Answer 3

The law must punish offenders so that victims or their families can seek retribution
without taking the law into their own hands. If individuals did take the law into their hands, crime would increase and society would deteriorate. Imprisonment and the deprivation of freedom is the ultimate punishment in our society.

Question 4

Protect

Answer 4

• protect – While imprisonment is seen as a punishment of last resort, a few offenders are given very long periods of imprisonment because the courts deem them to be a danger to society. The horrendous nature of the crime, the lack of remorse and the offender’s callous attitude indicate that the person should be kept out of society for as long as possible.

Question 5

Denunciate

Answer 5

When sentencing, the court may give a sentence that is harsh enough to show the disapproval of the court; that is, the court denunciates the particular behaviour. This will give others in society the message that this type of criminal behaviour will not be tolerated.

Question 6

Deter

Answer 6

The law aims to deter the offender and others in society from committing the same or similar offences in the future. A punishment imposed as a general deterrent is one that discourages people in general from committing the crime, whereas a specific deterrent is aimed at stopping the particular offender from repeating the offence. A recidivist is a person who continues to commit crimes despite being punished for them.

Question 7

Rehabilitate

Answer 7

It is in society’s interests to try to help offenders change their ways, otherwise crime rates and prison costs will escalate. In providing offenders with improved opportunities in the form of education, training, assistance and support (for example, counselling), the legal system hopes that offenders will grasp the chance of a better future and become law-abiding citizens.

Question 8

To be effective, criminal sanctions must be:

Answer 8

• appropriate to the severity of the crime committed
• appropriate for the offender, taking into consideration the financial, social, cultural and health
circumstances of the offender
• acceptable to the community
• able to fulfil the aims of criminal sanctions.

Question 9

Imprisonment

Answer 9

Imprisonment is the most serious type of sanction and should be imposed as a last resort. For some serious offences, however, it is the only appropriate sanction.

Question 10

Parole, no parole period, parole conditions

Answer 10

Parole is an early release from prison. A court may set a non-parole period when determining a sentence. This period is the time an offender must serve in prison before applying for parole. It is not automatic. The offender must prove to the Parole Board that they are worthy of serving the rest of their sentence in the community. Prisoners granted parole must comply with parole conditions, which may involve reporting to a parole officer on a regular basis, undergoing treatment, being subject to electronic monitoring and complying with curfews or restrictions on where to live. It is an offence punishable by up to three months’ jail served cumulatively or a fine of 30 penalty units to breach parole conditions without reasonable excuse or to commit another offence while on parole.

Question 11

Concurrent sentences

Answer 11

Most sentences are concurrent sentences (served at the same time). This means that if an accused was given, for example, three years for burglary, and one year for going equipped to steal, he would serve three years because the sentences are served at the same time.

Question 12

The court has the discretion to impose cumulative sentences (served one after the other). However, there are some circumstances when cumulative sentences must be imposed. These include:

Answer 12

• in default of payment of a fine or sum of money
• when a prisoner commits a prison offence, an escape offence or a breach of parole offence
• when a serious sexual offender commits a sexual offence or a violent offence
• when a person commits a sexual offence or a violent offence during the parole period of a sentence
imposed on him or her for a sexual offence or a violent offence.

Question 13

Indefinite sentence, nominal period

Answer 13

The court can sentence an adult offender to an indefinite sentence regardless of the maximum penalty for the offence when the court believes the offender is a serious danger to the community. The offender must have committed a very serious offence; for example, murder, manslaughter, kidnapping,

Question 14

Deferred sentences

Answer 14

The Magistrates Court or County Court can defer a sentence for any offender up to 12 months. A deferred sentence allows the offender time to rehabilitate or to make amends for their behaviour. The court will sentence the person at the end of the deferral period taking into account any progress the person may have made during that time. The court may also ask that a pre-sentence report in respect of the offender be completed during the deferral period. The option to defer sentencing was first introduced for children in the Children’s Court for periods of up to four months and has now been adopted by adult courts.

Question 15

Youth justice centre order

Answer 15

A young person aged between 15 and 20 years who has been found guilty of very serious offences, or has appeared in court many times previously, may serve a period of detention in a youth justice centre (YJC).A youth justice centre order is used as a last resort after other sentencing options have been unsuccessful in rehabilitating the offender.
While in detention, the young people will be expected to participate in activities and programs such as:
• drug and alcohol counselling or anger management counselling
• TAFE courses
• sports activities
• YMCA programs
• outings organised by the YJC
Work release

Question 16

Youth residential centre order

Answer 16

Younger offenders (10–14 years old) may be given a youth residential centre order, which requires them to be detained at a youth residential centre. While detained the young person attends school and participates in programs which try to address behavioural issues.

Question 17

Youth attendance order

Answer 17

A youth attendance order is a community based sentence for young people over 15 years of age. It requires them to report to a youth justice unit for up to one year and for no more than 10 hours a week, where the young person is given the opportunity to work through behavioural issues and to make amends for offences by completing community work. Failure to comply will result in detention in a youth justice centre.

Question 18

Youth supervision order

Answer 18

Alternatively, a youth supervision order requires a young person between 10 and 18 years of age to report to a youth justice unit up to 12 months (or 18 months for more serious offences). The young person attends for up to six hours a week to do supervised community work.

Question 19

Probation order

Answer 19

A child found guilty of an offence can be subject to a probation order where the young person remains in the community but must report as required to a youth justice officer. The order may also impose other conditions such as regular school attendance or an undertaking not to reoffend.

Question 20

A drug treatment order

Answer 20

The purpose of a drug treatment order is to help rehabilitate the offender by providing a judicially
supervised drug or alcohol treatment program. The aim is to reduce the level of criminal activity associated with drug and alcohol dependency and reduce the offender’s health risks associated with drug or alcohol dependency.

Question 21

Restricted involuntary treatment orders, where are they taken

Answer 21

When a person with a mental illness is found guilty of an offence the court has the option of placing the offender on a restricted involuntary treatment order for up to two years instead of passing sentence. These orders are not used in serious offences involving violence or sexual assault. The order can be made if:
• the person appears to be suffering a mental illness requiring treatment
• treatment can be obtained from an approved mental health service
• the person must be detained for his or her own protection or for the protection of the public.
The person is taken to an approved mental health service. Once a psychiatrist has assessed the offender’s condition, the person will either be admitted as an involuntary patient or placed on a restricted community treatment order, which allows the person to live in the community while being treated. These orders last until the restricted involuntary treatment order expires or it is revoked.

Question 22

Hospital security orders

Answer 22

Mentally ill offenders who would otherwise be imprisoned can be given a hospital security order as their sentence. These orders cannot be imposed for more than the period of imprisonment that would have been given if the offender were not mentally ill. The person remains in the mental health facility or serves the remainder of the time in prison if treatment is no longer required.

Question 23

Non custodial sentences

Answer 23

Non-custodial sentences are sanctions that are carried out in the community and do not involve a prison sentence, although a community correction order can be combined with a prison sentence.

Question 24

Community corrections order

Answer 24

A community correction order is a sentencing option which allows the offender to remain in the community. They will be able to maintain their employment and draw on the assistance of family or friends to take responsibility for their actions and avoid reoffending. It involves • not reoffend
• report to a community correction centre and comply with directions given by community
corrections officers
• a sentence of up to three months’ imprisonment in addition to the order
• a fine in addition to the order
• payment of a bond which will be forfeited if the offender does not comply with the order
• up to 600 hours of unpaid community work – a maximum of 20 hours (or 40 hours (with the
offender’s consent) to be completed in seven days
LAST 4 DOT POINTS OPTIONAL

Question 25

Fines, what the court will consider when deciding on level of fine

Answer 25

A fine is a monetary penalty expressed in levels of penalty units that can be imposed with or without a conviction. Fines are expressed this way to make it easier to change fines across all offences. This can be done by increasing the value of a penalty unit.
When deciding on the level of a fine, the court will consider:
• the financial circumstances of the offender, their income and whether they have a job
• the responsibilities of the offender including dependants
• any loss or destruction of, or damage to, property suffered as a result of the offence
• the value of benefit received by the offender from the offence
• any forfeiture, compensation or restitution order imposed.

Question 26

On the spot fines, infringement notice/court

Answer 26

On-the-spot fines can be given for a number of offences, most often traffic offences. An infringement notice is given stating the details of the offence and the amount that has to be paid. If it is not paid within 28 days, a courtesy letter will be sent. This incurs extra charges. If it is not paid at this time it will be put in the hands of the Infringements Court. This is a special section of the Magistrates’ Court that deals with the enforcement of on-the-spot fines.

Question 27

Adjournment with or without dismissal

Answer 27

When an offender is found guilty of an offence, the court may decide to adjourn the case with a conviction recorded, or without a conviction recorded. If a conviction is recorded the offender will have a criminal record. If the court decides to give an adjournment without conviction, then the offender will not have a criminal conviction recorded against his or her name.
they must follow certain conditions, be on good behaviour during the period and go to court at the end of the period if requested.

Question 28

Discharge and dismissal

Answer 28

A court, on being satisfied that a person is guilty of an offence, may (without recording a conviction) dismiss the charge or the court may record a conviction and then discharge the offender.

Question 29

Superannuation orders

Answer 29

A court can order that a government employee forfeit their superannuation employer contributions, or part thereof, if the person has been found guilty of an indictable offence that involves corruption or an abuse of their position. Corruption offences might involve stealing government property, taking bribes or the sexual assault of a person for whom the offender has some responsibility or duty of care.

Question 30

Confiscation orders

Answer 30

In order to ensure that criminals do not profit from their crimes, the prosecution will try to prove that a criminal’s assets are ‘tainted’ so that the court can confiscate assets that were used to commit a crime or acquired through illegal activity. These general forfeiture laws apply to indictable offences and a wide range of summary offences.
Automatic forfeiture laws also apply to drug trafficking, major fraud, extortion, robbery, theft and blackmail where it is assumed that all of a person’s assets are proceeds from unlawful activity. These assets can be frozen at the time of arrest. If the offender is found guilty, it is their responsibility to prove that the assets were legally gained, otherwise the assets will be automatically seized and sold.

Question 31

Suspension and cancellation of drivers licence

Answer 31

If a licence is suspended, the person is not allowed to drive for the period of the suspension. At the end of the suspension, the driver is allowed to drive again without having to obtain a new licence.
If a licence is cancelled, the licence is taken away from the offender and the driver is disqualified from driving during the period of the cancellation. At the end of the specified period, the offender has to apply for a new driver’s licence before driving again.

Question 32

In Victoria, crime clearance means police investigation of a reported offence revealed that:

Answer 32

• no offence was detected
  • the complaint was withdrawn
• the offender was charged or a summons was completed
  • the known offender could not be charged for legal reasons (underage or deceased).

Question 33

Crime rates can depend on a variety of factors. Some crimes may be more prevalent in cities than in rural areas, or vice versa.
Other factors that can influence crime rates are:

Answer 33

Age
Guns 
Drugs
Gangs
Unemployment

Question 34

Unreported crimes, rape

Answer 34

Unreported crimes should be considered when looking at crime statistics. It is not possible to determine the exact figures for crime because of the unknowable numbers of crimes that go unreported.
Rape, in particular, is a crime that victims may choose not to report to police. Shame, fear of not being believed fear of retaliation and self blame. A national crime victimisation survey for 2008–09, conducted by the Australian Bureau of Statistics, showed that most crimes go unreported. According to the survey, almost 70 per cent of sexual assaults, 61 per cent of robberies and 55 per cent of assaults did not come to the attention of police.

Question 35

Recidivist

Answer 35

A recidivist is a person who continually commits crimes despite being punished for them. Criminal punishments are designed to try to reduce recidivism through rehabilitation and deterrence. Some types of punishments, such as community correction orders and drug treatment orders, are particularly aimed at helping the accused change their ways.

Question 36

5 factors that can increase recidivism

Answer 36

• having previous sentences or having previously been sentenced to prison increases a person’s
chance of reoffending
• people under 25 are more likely to reoffend than older people
• men reoffend more than women
• people who commit crimes against property are more likely to reoffend than people sentenced for
other crimes
• people who were imprisoned are more likely to reoffend than people who received a fine or a
suspended sentence