Victoria Proposes Postponing Immediate Prison Sentences for Pregnant Offenders.
In Victoria, judges may be able to delay sentencing offenders to immediate imprisonment for reasons such as being pregnant, ill, young, or Aboriginal.
The Sentencing Advisory Council in Victoria has recommended expanding the reasons for delaying the sentencing of offenders, allowing judges to consider a broader range of factors. Currently, courts can grant a pause of up to 12 months to focus on rehabilitation, but the Council believes it’s important to also take into account the impact on families, victims, and the community.
The Council’s latest report, “Reforming Sentence Deferrals in Victoria,” proposes 10 recommendations to change the criteria for deferring custodial sentences. These include allowing offenders and victims to participate in restorative justice, providing access to medical treatment or surgery, considering the best interest of an offender’s dependent child, taking into account an Aboriginal person’s cultural background, and enabling young offenders to access rehabilitation programs.
This approach aims to create a more balanced sentencing process, according to the report.
Additionally, the Council believes that delaying prison terms, particularly for pregnant women, can benefit the child by fostering attachment. This is crucial because a child without proper attachment may face long-term vulnerability and complex trauma, potentially leading to intergenerational offending cycles.
The reform proposal is endorsed by the Victoria Aboriginal Legal Service, which emphasizes the importance of considering the best interests of affected children when deciding on custodial sentences. They recommend exploring alternatives to detention and community sanctions for primary caregivers facing imprisonment.
The report also suggests extending the duration of deferrals to 18 months under certain circumstances and giving the Supreme Court the authority to order delays, in addition to magistrates’ and county courts. This measure aims to reduce recidivism and provide offenders with the opportunity to avoid prison sentences through successful completion of deferral programs.
