NCJ Number
214906
Journal
Howard Journal of Criminal Justice Volume: 45 Issue: 2 Dated: May 2006 Pages: 208-211
Date Published
May 2006
Length
4 pages
Annotation
This article discusses the erosion of two widely-accepted principles of criminal justice in the Australian State of Victoria, one regarding the fixing of criminal penalties and one regarding criminal fines.
Abstract
In 2003/2004, the Australian State of Victoria saw the breach of two widely-accepted principles of criminal justice. First, the principle of fixing maximum criminal penalties by the elected legislature, not the executive branch of government was breached in 2004 with the enactment by the Victorian Parliament of the Monetary Units Act. This Act introduced a revenue raising scheme. It allows the Treasurer each year to set the dollar value of fines for all offenses in the State punishable by fine, without needing parliament’s consent. This breaches the first principle. Second, the principle of criminal fines should be treated by the State primarily as a criminal sanction and not as a source of government revenue. The second principle was breached in the language used in presenting the policy behind the Treasurer’s new power. In the Treasurer’s speech, there was a clear implication of revenue base and cost of government services in reference to criminal fines. It was not made clear that the money was first and foremost, a criminal penalty. This article briefly discusses the abandonment of these fundamental principles of criminal justice in Australia to serve as a cautionary tale to other countries.