New sentencing option for young offenders

Young adult offenders will be given an opportunity to resolve their criminal behavior under a new sentencing option in an amendment to the Sentencing Act.

The amendment, which has been introduced to Parliament, would allow for deferred sentencing of offenders aged between 17 and 25.

Deferred sentencing has been available as a sentencing tool in the Children’s Court since 1991. This Bill extends the availability of deferred sentencing into the Magistrates’ Court for cases involving offenders up to the age of 25.

Offenders are given an opportunity to address the problems in their lives and demonstrate to the court they are taking their rehabilitation seriously.

Once an offender is found guilty of a crime, sentencing may be deferred for up to six months on certain conditions, such as the offender attending an anger management course, living at home, undertaking counselling or receiving drug treatment.

When the offender returns to court for sentencing, the court can take their behaviour during the deferred period into account in determining whether a lesser penalty is warranted, or whether treatment or other conditions should be attached to a sentence to provide on-going management.

The amendment extends deferred sentencing from children to young adult offenders in recognition that young offenders tend to have greater prospects of rehabilitation and it is more likely that early intervention will break the cycle of re-offending.

The proposed amendments also clarify some aspects of Victim Impact Statements.

The Bill makes it clear that victims can provide the court with medical and psychological reports that may be attached to their Victim Impact Statements.

The Bill also clarifies that VIS can be relied upon by victims when they seek compensation from offenders for pain and suffering, and that all Victorian courts have the power to award costs to a party involved in an application for compensation for pain and suffering.

(News Release, Office of the Attorney-General, March 25, 1999)