A new report from the NSW Bureau of Crime Statistics and Research (BOCSAR) reveals that sentencing reforms introduced in 2018 have increased supervised community sentences and reduced short-term prison sentences.
The Bureau said that in September 2018 reforms were introduced that made community sentencing options more flexible to maximise opportunities for offenders to be supervised and to engage in rehabilitative and therapeutic programs.
“Two aims of the reforms were to increase the proportion of offenders sentenced to supervised community-based orders [and] reduce the proportion of offenders serving short prison sentences,” the Bureau said.
“BOCSAR found the reforms achieved both these objectives,” it said.
“The proportion of adult offenders in the Local Court who received a supervised community order increased significantly from 14.6 per cent to 22.0 per cent after the sentencing reforms commenced.”
“The percentage of offenders who received a short-term prison sentence of 12 months or less significantly declined from 5.2 per cent to 4.4 per cent.”
BOCSAR said similar results were found for Domestic Violence offenders and Aboriginal offenders in the Local Court and adult offenders in the District and Supreme Courts.
“A second study undertaken by BOCSAR in partnership with the Judicial Commission of NSW assessed judicial confidence in the new sentencing reforms through a survey of 93 magistrates and judges,” it said.
“Judicial officers generally agree that the reforms are operating as intended.”
BOCSAR said 71 per cent of judicial officers believed offenders had more opportunity to serve a supervised community-based order; 57 per cent agreed that new community-based options provided more flexibility in sentencing decisions; and 47 per cent agreed that offenders had more opportunity to participate in rehabilitation programs.
“However, a number of concerns were raised by judicial officers.”
The Bureau said some judicial officers were concerned about the Corrective Services practice of suspending supervision for low risk offenders regardless of the sentencing conditions stipulated by the judicial officer.
It said judicial officers were also concerned by the lack of transparency regarding breaches of Intensive Corrections Orders.
BOCSAR’s 30-page report can be accessed at this PS News link.
