Victoria’s Sentencing Advisory Council has recommended expanding the reasons for which a judge can delay sentencing an offender to immediate imprisonment. Currently, courts can allow a pause of up to 12 months for rehabilitation purposes. However, the Council believes it is necessary to consider the impact on the families, victims, and the community as well.
The proposed changes include allowing delays for restorative justice participation, medical treatment or surgery, the best interest of an offender’s dependent child, reasons related to an Aboriginal person’s cultural background, and access to rehabilitation programs for young offenders. These recommendations aim to provide a more balanced approach to sentencing.
The Sentencing Advisory Council emphasizes the importance of attachment between prisoners and their children, particularly for pregnant women. Professor Marilyn McMahon, the Council’s director, believes that encouraging attachment can reduce harm to children and improve long-term outcomes, ultimately protecting the community by breaking the cycle of intergenerational offending.
It is estimated that there are around 7,000 children in Victoria with parents currently in prison. The Council’s proposal is supported by the Victoria Aboriginal Legal Service, which emphasizes the rights and best interests of affected children in sentencing decisions.
The report also suggests increasing the duration of deferrals to 18 months in certain circumstances and expanding the authority to order delays to include the Supreme Court. Most individuals who receive delayed sentences are young adults, and this tactic has proven effective in diverting offenders from the prison system towards community correction orders or non-conviction sentences.
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