Post Sentencing Decisions
“With reference to a contemporary criminal
justice issue, evaluate the efficiency and the
effectiveness of the legal system in
achieving justice for the individual and
society”
By Montanna Vaccari
What is post sentencing decisions?
- How offenders are treated
- Rules that apply following the sentencing
process.
-If the aim is to protect society from the
offender, the security classification must be
considered
- If the aim is rehabilitation, then parole
should be an option.
Post – sentencing decisions
Security
classification
Protective Custody
Parole
Security Classification
There are three general security classifications in New
South Wales prisons: minimum, medium and maximum
security. The cost of housing inmates rises with the level of
security.
* Generally all prisoners have the right to:
* Unlimited visits by legal representatives
* One or two other visits per week
* Ownership of simple possessions
* Write and receive letters
* Complain to the Ombudsman
* Proper care, including food, clothing and medical care.
Protective Custody
- Protect prisoners vulnerable to attack from
fellow inmates.
- Prisoners in protective custody are segregated
from the mainstream prison population
- Placed in a special unit
Parole
- Parole is the discharge of inmates from custody
prior to the completion of the minimum term
on the provision that they agree to certain
conditions.
- Public interest is of primary importance.
The Parole Board will look at:
• Statements made by the sentencing judge
• The inmate’s prison and criminal record
• Other relevant custodial reports.
Reforms, Cases and Legislation
LCMD
Reform:
- Parole Board
Cases:
- Victor Chang
- R v Astill
Legislation:
- Crimes (Administration of
Sentences Act 1999 (NSW)
- The Sentencing Act 1989
(NSW)
-Protective Custody Bill 2000
Crimes (Administration of Sentences
Act 1999 ) (NSW)- Protective Custody
This act deals with how offenders are treated, and
rules that apply following the sentencing
process. Matters covered by this Act include
rules of management, correctional centres,
including segregation and general discipline,
when inmates will appear before the visiting
justice; administration of home detention and
periodic detention and when those orders can
be revoked; and matters associated with parole.
R v Astill- Protective Custody
"In the culture of Australian gaols, it seems,
even some of the most hardened offenders
feel entitled to vent moral outrage against
those inmates allegedly involved in crimes
against children."
PROBLEMS:
- Still being assaulted, abused or judged
- Restricted in protective custody due to
societies perceptions and morals.
Parole Board
The Parole Board consists of three members:
- one must be a Legal Practitioner with at least seven years'
experience
- two must have experience in sociology, criminology, penology
or medicine
-the Governor appoints a chairperson from the above members
The Parole Board has the authority to:
- grant parole
- defer making a decision on whether a prisoner should be
released on a parole order
- refuse to release a prisoner on a parole order
Parole Board
Relevant points before making a decision:
• the likelihood of re offending
• the protection of the public
• comments made on passing sentence (by the magistrate or
judge)
• the likelihood of the prisoner complying with conditions
• the circumstances and the gravity of the offences committed
• the behaviour of the individual while in prison
• the behaviour of the prisoner during previous parole orders
• the behaviour of the prisoner during other orders (eg:
probation order and community service order)
• the probable circumstances of the prisoner after release from
prison
Effectiveness or Problems
EFFECTIVE
- Ethical and fair
- Parole Boards are expertise
- Achieves justice for individuals and society
from unsafe or dangerous prisoners.
Victor Chang- Parole
One of two men convicted of killing Sydney
heart surgeon Victor Chang is to be deported
after being released from an Australian jail.
Mr Costa said “our thoughts are with the Chang
family during this difficult time”.
Effectiveness or Problems
Effective and Problematic
Effective:
-Acts as an incentive for prisoners which leads
them to being on good behavior.
- Grants justice for Prisoners
Problem:
- Tricks, Society may be in further danger
The Sentencing Act 1989 (NSW)- Parole
This act requires every prisoner to serve a
minimum sentence before becoming
eligible for release on parole. The
sentencing judge is required to state both
the total sentence and the length of time
that the prisoner must remain in custody
before becoming eligible for parole.
Effectiveness or Problems
EFFECTIVE
-Treats everybody equally
-Fair
- Achieves Justice
-Effective legal system
- Relieves stress