FRIDAY, JULY 15, 1983
EVEN-HANDED APPROACH TO PRISON SENTENCES
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THE GOVERNMENT HAS PROPOSED A MORE EVEN-HANDED APPROACH TO THE SENTENCING OF PRISONERS UNDER A CRIMINAL PROCEDURE (AMENDMENT) BILL 1983 PUBLISHED TODAY.
UNDER THIS BILL, IT WILL BE MADE CLEAR THAT IN ALL CASES THE PERIOD A PRISONER SPENT IN CUSTODY AS A RESULT OF A COURT ORDER PRIOR TO BEING SENTENCED WILL BE COMPUTED AS PART OF HIS TERM OF IMPRISONMENT.
A GOVERNMENT SPOKESMAN EXPLAINED THAT THE PRESENT LAW DOES NOT WITHOUT A SPECIAL ORDER TAKE INTO ACCOUNT THE TIME A PRISONER SPENT IN CUSTODY BEFORE HIS COMMITTAL FOR TRIAL. THIS LEADS TO DISPARITY OF TREATMENT BETWEEN OFFENDERS AND A FEELING OF INJUSTICE CAN BE THE RESULT.
NOW THE RULE WILL BE CHANGED AND THERE WILL BE A CLEAR RULE THAT ALL PRE-TRIAL CUSTODY ORDERED BY A COURT WILL COUNT TOWARDS A SENTENCE.
AS A RESULT OF THIS PROPOSED CHANGE, THE PRISON RULES WOULD ALSO BE AMENDED TO ADJUST THE CALCULATION OF REMISSION PERIODS, HE ADDED.
ANOTHER REFORM IN THE BILL IS THAT THE COURT IN PASSING SENTENCES OF IMPRISONMENT ON A PERSON FOR MORE THAN ONE OFFENCE WILL BE ABLE TO ORDER THAT THE SENTENCES SHOULD OVERLAP PARTLY.
AT PRESENT SUCH SENTENCES RUN EITHER CONCURRENTLY OR
CONSECUTIVELY.
THE SPOKESMAN EXPLAINED THAT AT PRESENT IN PASSING SENTENCES FOR SEVERAL OFFENCES, THE COURT WILL SCALE DOWN WHAT WOULD OTHERWISE BE APPROPRIATE SEPARATE SENTENCES SO THAT THE TOTAL IMPRISONMENT WILL BE THE APPROPRIATE PERIOD FOR THE PARTICULAR OFFENDER ON ALL THE OFFENCES FOR WHICH HE IS BEFORE THE COURT.
+ONE RESULT OF THIS IS THAT IF A CONVICTION IS UPSET ON APPEAL, THE CALCULATION IS UPSET AND A PERSON MAY SERVE A SHORTER PERIOD OF IMPRISONMENT THAN IS APPROPRIATE, HE SAID.
FOR EXAMPLE, A COURT MAY IMPOSE SENTENCES OF FIVE YEARS' IMPRISONMENT EACH FOR A RAPE AND A ROBBERY BECAUSE, ALTHOUGH SEVEN YEARS FOR EACH OFFENCE MAY BE OTHERWISE APPROPRIATE. TEN YEARS IS A PROPER TOTAL PERIOD OF IMPRISONMENT. IF ONE CONVICTION IS UPSET ON APPEAL, THE OFFENDER SERVES ONLY FIVE YEARS INSTEAD OF SEVEN YEARS.
IF THE SENTENCE CAN BE ORDERED TO RUN PARTLY CONCURRENTLY AND PARTLY CONSECUTIVELY, AS IS PROPOSED BY THE BILL, THIS SITUATION WOULD NOT HAVE ARISEN, AND THE COURT WOULD HAVE GOT THE TOTAL SENTENCE RIGHT AS WELL THE APPROPRIATE SENTENCE FOR EACH INDIVIDUAL OFFENCE.
THE BILL WILL BE INTRODUCED IN THE LEGISLATIVE COUNCIL ON JULY 27.