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Sentencing – Patterns and Statistics

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Sentencing – Patterns and Statistics + New South Wales Law Reform Commission Companion Report 139-A Sentencing – Patterns and Statistics July 2013 www.lawreform.lawlink.nsw.gov.au/ Report 139-A Sentencing – Patterns and Statistics © New South Wales Law Reform Commission, Sydney, 2013 Copyright permissions This publication may be copied, distributed, displayed, downloaded and otherwise freely dealt with for any personal or non-commercial purpose, on condition that proper acknowledgment is included on all uses. However, you must obtain permission from the NSW Law Reform Commission if you wish to: . charge others for access to the publication (other than at cost); . include all or part of the publication in advertising or a product for sale; or . modify the publication. Disclaimer While this publication has been formulated with due care, the NSW Law Reform Commission does not warrant or represent that it is free from errors or omission, or that it is exhaustive. This publication deals with the law at the time it was first published and may not necessarily represent the current law. Readers are responsible for making their own assessment of this publication and should verify all relevant representations, statements and information with their own professional advisers. Other publication formats The NSW Law Reform Commission is committed to meeting fully its obligations under State and Commonwealth anti-discrimination legislation to ensure that people with disabilities have full and equal access to our services. This publication is available in alternative formats. If you require assistance, please contact the Commission (details on back cover). Cataloguing-in-publication Cataloguing-in-publication data is available from the National Library of Australia. ISBN 978 0 7347 2685 8 ii NSW Law Reform Commission Table of contents Table of contents Tables and figures .........................................................................................................................vi 1. Introduction .............................................................................................................................1 2. Context: crime, recidivism and costs ....................................................................................3 Crime rates ..............................................................................................................................3 Offences committed in NSW ..................................................................................................6 Age of offenders in NSW ........................................................................................................8 Recidivism in NSW ..................................................................................................................9 A backward looking measure: prior proven offence .............................................................11 A forward looking measure: from conviction to reconviction ................................................12 Cost of sentencing options ..................................................................................................13 The cost of recidivism ..........................................................................................................15 3. Full-time imprisonment ........................................................................................................17 Use of imprisonment in NSW ...............................................................................................18 Adult prisoner numbers .......................................................................................................18 Sentenced imprisonment rate ..............................................................................................19 Use of imprisonment by courts ............................................................................................20 BOCSAR’s 2012 study ........................................................................................................24 Overall patterns in use of imprisonment in NSW .................................................................24 Use of imprisonment in other jurisdictions ........................................................................25 Use of imprisonment by courts ............................................................................................25 Comparison of imprisonment rates ......................................................................................27 NSW compared to Victoria ..................................................................................................28 Sentence length ....................................................................................................................29 Sentence length in NSW .....................................................................................................29 Sentence lengths across Australia ......................................................................................32 Other factors that affect prisoner numbers and the use of imprisonment in NSW .........33 Use of imprisonment across specific offence categories .....................................................33 Imprisonment for Standard Non-Parole Period offences .....................................................35 Parole ..................................................................................................................................36 Imprisonment, incapacitation and recidivism ....................................................................39 Previous imprisonment ........................................................................................................39 Recidivism of released prisoners .........................................................................................41 Reoffending on parole .........................................................................................................44 Reoffending after imprisonment compared to other sentences ...........................................44 Imprisonment and incapacitation .........................................................................................45 Overall relationship between imprisonment and reoffending ...............................................46 4. Custodial alternatives to full-time imprisonment ...............................................................47 Home detention .....................................................................................................................47 Use of home detention in NSW ...........................................................................................48 Use of home detention in other jurisdictions ........................................................................50 Home detention completion and reoffending rates ..............................................................51 Intensive correction orders ..................................................................................................52 Use of ICOs in NSW ............................................................................................................53 Use of ICOs (or similar) in other jurisdictions.......................................................................55 NSW Law Reform Commission iii Report 139-A Sentencing – Patterns and Statistics Breach and completion of ICOs .......................................................................................... 56 Suspended sentences ......................................................................................................... 56 Use of suspended sentences in NSW ................................................................................ 57 Use of suspended sentences in other jurisdictions ............................................................. 60 Breach of suspended sentences and recidivism ................................................................. 62 Rising of the court ............................................................................................................... 63 Periodic detention ................................................................................................................ 64 5. Non-custodial sentences ..................................................................................................... 67 Community service orders .................................................................................................. 67 Use of CSOs in NSW.......................................................................................................... 67 Use of CSOs (or similar) in other jurisdictions .................................................................... 69 Completion, breach and recidivism ..................................................................................... 72 Good behaviour bonds under s 9 ....................................................................................... 74 Use of s 9 bonds in NSW .................................................................................................... 74 Use of bonds in other jurisdictions ...................................................................................... 78 Bond breach rates and recidivism ...................................................................................... 79 Fines ...................................................................................................................................... 80 Use of fines in NSW ..........................................................................................................
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