Sentencing
Federal offenders are for the most part tried and sentenced in state and territory courts, and the states and territories are responsible for administering the sentences imposed on federal offenders.
There is no Sentencing Act at the federal level, however Part IB of the Crimes Act 1914 (Cth) contains provisions that a State or Territory court must taken into account when sentencing federal offenders.
Although these provisions provide some guidance to sentencing courts, State courts exercising federal jurisdiction must also apply their particular State and Territory procedures when determining the sentence to be imposed on a federal offender.
As a result, differences arise in the way federal offenders are dealt with from one jurisdiction to another. In addition, the options available for sentencing federal offenders (ranging from fines and imprisonment to community service orders and home detention) vary across Australia.
Between 2004 and 2006 the Australian Law Reform Commission inquired into sentencing of federal offences in Australia and made a number of recommendations for reform, including that a stand alone federal Sentencing Act be enacted.
The Law Council supports the ALRC's recommendation for the consolidation of legislative provisions dealing with the sentencing, administration and release of federal offenders within a new and separate Commonwealth Sentencing Act. The Law Council is of the view that such an Act would encourage reform and harmonisation of sentencing laws around Australia and help ensure that like offenders, convicted of like offences are treated alike.
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