[Greens-Media] Greens condemn government’s pre election back-flip on suspended sentences (Vic - Pennicuik)

[Amanda.Sharp at parliament.vic.gov.au]

Monday 17 May 2010

Greens condemn government’s pre election back-flip on suspended sentences

In another display of policy back-flipping, the Brumby government has 
reneged on its former commitment to suspended sentences. The about-face 
comes as the number of prisoners in Victoria is increasing and many 
prisons are reaching overcapacity.

"This is an unwelcome and unnecessary development," Greens justice 
spokesperson, Sue Pennicuik MLC, said. "Our courts need as many sentencing 
options as possible, and the courts are best placed to judge where a 
suspended sentence is appropriate in the circumstances and particularly 
where an offender may have already served a significant period in custody.

"We should be looking at ways to reduce the prison population. This move 
goes completely in the wrong direction," she said.
 
In 2008 the Sentencing Advisory Council recommended that suspended 
sentences be retained until new interim sentencing measures aimed at 
curbing the rapid growth in prison numbers could be adequately evaluated.

"Now that the government is moving to abolish suspended sentences, it is 
likely that we will not receive the benefit of such an evaluation," Ms 
Pennicuik said. "This is not good for justice."

Critics have claimed that judges overuse suspended sentences. 
Predominantly, however, suspended sentences have been imposed in 
sentencing for a second offence of driving while disqualified. This is 
because this offence carries with it a mandatory prison term – judges are 
required by law to impose a prison sentence, and have no discretion to 
consider more appropriate options.

"I understand the government will be moving finally to remove mandatory 
sentencing for this offence, which is a good thing because mandatory 
sentencing is a deeply flawed concept, however, suspended sentences should 
also remain a sentencing option.

"It is disappointing that the government is using the issue of suspended 
sentences as a political football, instead of concentrating on the most 
effective measures to address problems in the justice system," Ms 
Pennicuik said.

For further comment:  Sue Pennicuik – 0409 055 875



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Parliament of Victoria                                                                                                                    . 
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