4.9 post sentencing considerations

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4.9 post sentencing considerations

  1. 1. POST-SENTENCING CONSIDERATIONS
  2. 2. Crimes (Administration of Sentences) Act 1999 (NSW)  Administers imprisonment and other sentences  Offenders who are sentenced to prison must be assessed and given a security classification to ensure they are sent to an appropriate prison  The terms of community-based and non- custodial sentences must be served exactly, else the offender’s sentence will be reviewed by the courts
  3. 3. Considerations Security Classification Protective Custody Parole Preventative and Continued Detention Sexual Offenders Register Deportation
  4. 4. Security Classification  Based on seriousness of the crime, likelihood of rehabilitation and behaviour during previous jail terms. Maximum Security Medium Security Minimum Security Most serious of offenders; escape would be extremely dangerous to the public Offenders mostly restricted to their cells Offenders can move about the prison; high walls and security fences exist More flexibility and open conditions for offenders Goulburn Correctional Centre (Men) Silverwater Women’s Correctional Centre Tamworth Correctional Centre Silverwater Correctional Centre 15% of prisoners 20% of prisoners 53% of prisoners
  5. 5. Protective Custody  Some offenders are at risk of attack from other prisoners  In these instances, protective custody must be provided; this may take the form of isolation within prison  What sort of offenders?  Why is it important to provide protection to people convicted of a crime?
  6. 6. Parole  The earliest date an offender can apply for parole is set by the judge or magistrate at sentencing  In order to earn parole, an offender must prove they have been rehabilitated and are unlikely to reoffend  A range of conditions are placed on offenders who are released on parole  Regular meetings with a parole officer  Good behaviour bond  Gainful employment  Avoiding certain places  Completing counselling or education courses
  7. 7. Preventative and Continued Detention  Harsh and controversial – imprisonment to prevent a crime from occurring, or beyond the end of a sentence served  May relate to terrorism charges or serious sexual offenses  Examples of continued detention  Gregory Wayne Kable (found to be unconstitutional)  Julian Knight (Hoddle St killer)
  8. 8. Sexual Offenders Register  Child Protection (Offenders Registration) Act 2000 (NSW)  Sex offenders must register with local police when they are released from prison  Must also provide personal information, including travel plans  The Australian National Child Offenders Register  Helps to monitor sex offenders across the country, keeping police informed  Some argue that Registers punish offenders
  9. 9. Deportation  Migrants living in Australia as permanent residents (or on a lesser Visa) who are convicted of a crime may be deported under the Migration Act 1958 (Cth)  Does not apply to dual citizens (unless they are fighting for the army of a nation at war with Australia)

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