NCJ Number
114636
Date Published
1988
Length
25 pages
Annotation
This chapter examines various noncustodial options for Australian Federal and Australian Capital Territory offenders, with particular attention to fines, community-based orders, and various forms of conditional discharge.
Abstract
The Australian Law Reform Commission's approach to noncustodial options is to ensure that courts sentencing Federal offenders have a wide range of options available. The commission has also recommended there be no minimum prescribed sentences for any noncustodial sanctions. In discussing fines, the commission discusses their correctional benefits and their problems (inequity, inadequate enforcement, and inflation). Commission recommendations pertaining to fines focus on fines as an independent sanction, application for time to pay, equity considerations, means inquiry, submission in court, setting the amount, and inflation. After reviewing the nature, benefits, and problems of community-based sanctions in general, the chapter considers the nature, availability, use, and commission recommendations for particular community-based sanctions. These are community service orders, attendance center orders, periodic detention, home detention, and victim-offender programs. The chapter also discusses unconditional discharge, conditional discharge, and combinations involving noncustodial sanctions. 79 footnotes.