If you plead, or have been found ‘guilty’ a Sentence will be handed down.
If you receive a fine, costs or any other type of monetary penalty, you will automatically have 28 days to pay the amount due. If you require more than 28 days, you should contact the Fines Enforcement and Recovery Unit.
If you receive a good behaviour bond or a community service order, you will have to wait while the appropriate paperwork is prepared. When it is ready, a justice of the peace (JP) or a court officer will explain the conditions of the bond or order to you, and then you and the JP/court officer must sign it. If it is a good behaviour bond without supervision, there is nothing more you have to do (except of course to be of good behaviour!). If it is a bond with supervision, or a community service order, you must usually report within two working days to the Department for Correctional Services. You will then be placed under the supervision of an officer from that department, and must obey all of their instructions as to fulfilling the obligations of the bond or community service order.
A sentence is the penalty for committing a crime.
In South Australia, sentencing is the task of a sentencing judge or magistrate in a:
- Magistrate’s Court
- Youth Court
- Supreme Court
- District Court
- Environment, Resources and Development Court
When determining the sentence, the court must follow precedents and laws set by State Parliament such as the Criminal Law (Sentencing) Act 1988. They may also consult reports and victim impact statements.
Precedents are decisions made in past trials for similar crimes. They create sentencing principles which courts must follow.
Particular laws may need to be followed depending on the nature of the case. For example, the Environment Protection Act may apply in a case involving environmental crime.
Often the court will refer to the Commonwealth Crimes Act or the Criminal Law Consolidation Act. Maximum and Minimum penalties are often fixed by various Acts to particular crimes.
The Court must give equal weight to each part of the Criminal Law (Sentencing) Act, only then can the sentence be delivered, with imprisonment as a last resort. The Criminal Law (Sentencing) Act includes the following:
- the circumstances of the offence
- other offences that are to be taken into account
- whether or not the offence is part of a pattern of behaviour of similar criminal acts
- the personal circumstances of any victim
- any injury, loss or damage resulting from the offence
- the degree to which the offender has shown contrition or made reparation for the offence
- whether or not the offender has pleaded guilty to the offence
- the degree to which the offender has cooperated in the investigation of the offence
- the need to protect the community from the offender’s criminal acts
- the deterrent effect that a sentence may have on the offender or other people
- the need to ensure that the offender is adequately punished for the offence
- the character, past history, age, financial situation and physical or mental condition of the offender
- the rehabilitation of the offender
- the probable effect of the sentence on dependants of the offender
- any other relevant matter.
The court may ask for pre-sentence reports from the Department for Correctional Services, a psychologist or psychiatrist, or a specialist in a particular field. Those preparing the report will usually interview the offender, the offender’s family, the victim, employers and others who might be relevant to provide the court with the information it requires. Prosecutors and defence lawyers may also seek pre-sentence reports to present to the court before the court decides on the sentence.
Victim Impact Statement
Victims of an offence may present a written statement about the effects of the crime on them. The victim or his/her nominee may read the statement out in court.
Judges and magistrates are trained to be independent. They listen to the prosecution and to the defence and choose from a range of sentences.
Under the Sentencing Act imprisonment is not an option unless the offender has shown violent behaviour towards people, is likely to commit another serious offence, has previously been convicted of an offence punishable by imprisonment, or the offence is so serious that no other punishment would fit the crime.
Parole is the release of a prisoner on certain conditions for the remainder of his/her sentence. If the offender is sentenced to imprisonment, the court will set a non-parole period. A non-parole period is the amount of time the offender must serve before being considered for release on parole. At the end of the non-parole period the Parole Board decides whether an offender will be released on parole. The Board considers the prisoner’s behaviour and prospects of rehabilitation.
Sometimes, as in the case of a very violent crime, a non-parole period is not set and the person must remain in gaol for the entire prison sentence.
Suspended sentence and bond
If the sentence is imprisonment, the court will decide if there is a good reason to suspend the sentence. This might be the case for young first time offenders with reasonable prospects of rehabilitation.
Offenders then sign a bond under which they promise to be of good behaviour for a set period of time and to comply with the conditions set out in the bond or promise. They are released, usually under the supervision of a probation officer. If they keep their promise during this time they do not have to go to prison. If a person breaks the promise, he or she is guilty of the offence of breaching the bond. He or she usually has to return to prison, serve out the rest of the original sentence and do extra time for breaching the bond.
A fine is a sum of money that a court orders an offender to pay.
Compensation is a payment designed to make amends for personal injury, death, or damage to or loss of property. Confiscation is the seizure of goods from an offender. For example, private property or drugs may be confiscated.
If the court makes an error of law or if the sentence is considered to be too high or too low, an appeal can be made against the decision to another court. You must lodge your appeal with the Higher Court, not with the Court that heard your matter.
Judges’ sentencing remarks from the Supreme Court and the District Court are available online (current sentencing remarks). The judge’s reasons for the sentence are given in his/her sentencing remarks. These are usually read out to the offender in court. The remarks are then put on the offender’s file. They are usually available within 24 hours of delivery, where possible. Sentencing remarks remain on this website for four weeks.