The ACT Party would abolish the consideration of cultural background as a principle of sentencing crimes.
It's part of a new justice policy released by the party today.
ACT leader David Seymour said "being nice to criminals" hadn't worked and the justice system needed to "start putting victims first".
He said that meant ensuring appropriate sentences for offenders that would keep communities safe".
“People are blown away by weak sentences for grotesque crimes. How does this happen? Is there a problem with the judges?"
David Seymour says "being nice to criminals" hasn't worked and the justice system needs to "start putting victims first". (Source: 1News)
He said judges were following the law, so the law - specifically the Sentencing Act - needed to be changed.
A section of that Act - Section 8 - laid out the "principles" of sentencing, none of which he believed dealt with public safety.
“These principles require judges, when sentencing offenders, to take into account the background of the offender, including their 'cultural background'.
ACT’s leader said the party’s policy is about ensuring sentences fit the crime, and means offenders are punished properly. (Source: Breakfast)
"Criminals can have reports prepared on their 'cultural background' and get reduced sentences if they’ve had a troubled upbringing.
“The principles also require judges to hand down the “least restrictive” sentence that is appropriate, which leads to shorter sentences (less than two years) being converted from imprisonment to home detention.
“Nor do the principles require judges to explicitly consider public safety. ACT says that is wrong. Judges shouldn’t be directed to give the “least restrictive” sentence that is appropriate, but a sentence that reflects the seriousness of the crime and that prioritises public safety."
He said ACT pledged to change the Sentencing Act's principles, as well as another section that pertained to community-based and home detention, aimed at ensuring those sentences were only imposed "if doing so does not disproportionately increase risks to the public".
It would also improve the information available to judges on the risks of reoffending.
“A lot of information about the risks of reoffending can be gleaned by algorithmic risk assessments. Modern risk assessment models process large amounts of data about individuals’ criminal history and characteristics in order to identify patterns and relationships, forming the basis of probabilistic predictions about future convictions and sentencing.
“The Department of Corrections has been managing a risk prediction tool since 2001 known as ‘RoC*RoI’ to inform decisions around rehabilitative services and parole decisions. ACT would require judges to include in sentencing the offender’s RoC*RoI score and how it has influenced the judge’s sentencing decision (including any conditions put on the sentence).
Lawyer Jo Wickliffe said despite ACT’s claims, cultural reports matter. (Source: Breakfast)
"ACT would also commit to ensuring the RoC*RoI tool is fit for sentencing purposes. Ultimately, however, judges would still maintain discretion in sentencing."
ACT's sentencing policy - at a glance
Make the following changes to the Sentencing Act’s principles (s8) to rebalance sentencing in the interests of the victim and the community:
- Clarify that judges are to impose the least restrictive outcome that does not impose a disproportionate risk to the community
- Ensure that judges not only consider the historical impacts of the offending on the victim, but also consider any present risks the sentence may impose on the victim.
- Abolish the consideration of cultural background as a principle of sentencing (as well as cultural reports)
Amend the relevant community-based and home detention sections of the Sentencing Act (s15, s15A) to ensure such sentences are only imposed if doing so does not disproportionately increase risks to the public.
Improve the information available to judges on the risks of re-offending
SOURCE: ACT Party
SHARE ME