Putting People First
The South Australian Government is committed to creating a future criminal justice system that meets community expectations, that protects and supports victims, and that acts quickly and effectively so that offenders face consequences in a timely manner. To do this, reform is required across the entire continuum of the criminal justice system: from police to prisons, victims of crime and witnesses, the legal profession, the judiciary, the courts and the parole board. Transforming Criminal Justice presents bold and brave ideas for reform, considering all the bodies and institutions that are part of the criminal justice system or interact with it. Read more about the initiative.
What's happening right now?
Consultation Open: New Sentencing Principles and Options
The Sentencing Bill 2016 proposes a number of changes to how criminal offenders are sentenced in court, including new sentencing principles, changes to victim compensation and new sentencing options.
New Sentencing Principles
The Bill changes the factors that a court must consider when making sentencing decisions. It proposes a new primary consideration in sentencing, being the protection of the safety of the community, together with a series of secondary considerations that a court must take into account.
Changes to Victim Compensation
Under current law, criminal offenders can be ordered to provide compensation to victims. Currently, property from convicted offenders can only be seized if it is proceeds of the crime, or unexplained wealth. The suggested changes in the Bill allow the seizure of all the offender’s property and wealth, whether or not it was earned legitimately. This measure will be a significant advance in victims’ rights in some cases.
New Sentencing Options
While sometimes there is no alternative to a prison sentence, there are circumstances where people can be more effectively rehabilitated in other ways. To address this, the Bill proposes two new types of sentences that courts can impose: Community Based Orders and Intensive Correction Orders.
Feedback is being sought on the draft Bill via YourSAy until 5pm Friday 9 September 2016.
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