Entries by category: Sentencing

Nov
12

Impact of imprisonment versus suspended sentences

Being sent to prison is no more effective in reducing the risk of future re-offending than being threatened with prison, according to research conducted by the NSW Bureau of Crime Statistics and Research.  "The recidivism of offenders given suspended sentences: a comparison with full-time imprisonment" by Rohan Lulham, Don Weatherburn and Lorana Bartels compares a group of offenders given a suspended sentence of imprisonment with a group of offenders given a sentence of full-time imprisonment.

In cases where the offender had no previous experience of imprisonment, the Bureau found no significant difference in the likelihood of re-conviction between those who received a full-time sentence of imprisonment and those who were given a suspended sentence of imprisonment.  In cases where the offender had been previously sent to prison, the Bureau found offenders sent to prison were significantly more likely to re-offend than matched offenders given a suspended sentence of imprisonment.

For additional information about sentencing, and the use of suspended sentences, LIAC's Hot Topics 55: Sentencing (2005) provides a useful overview.

Oct
19

Effectiveness of Circle Sentencing

The NSW Bureau of Crime Statistics and Research conducted research on Circle Sentencing and found that it does not reduce the risk of re-offending by Aboriginal offenders.  The Bureau's report is "Does circle sentencing reduce Aboriginal offending?" by Jacqueline Fitzgerald, Crime and Justice Bulletin (2008) No 115.

Circle sentencing is an alternative method of sentencing Aboriginal offenders which has been used in different areas amongst Aboriginal communities including Nowra, Dubbo, and Kempsey.   

The study examined three issues: 

  • whether Circle Sentencing reduces the frequency of offending
  • whether Circle Sentencing increases the time between offences
  • whether Circle Sentencing reduces the seriousness of any further offending.

Despite these findings, the Director of the Bureau, Dr Don Weatherburn said Circle Sentencing should be strengthened rather than abandoned and used in conjunction with other programs such as drug and alcohol treatment and cognitive behaviour therapy.

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