Sentence crackdown

TASMANIA’S most dangerous criminals will no longer be eligible for suspended jail sentences under draft legislation released yesterday.

But small-time crooks can look forward to putting their feet up at home, albeit with an ankle bracelet, if the laws pass.

In a Tasmanian first, the State Government will seek to introduce home detention as a sentencing option. However, the courts will bid farewell to suspended prison sentences, introduced in Tasmania in 1924, for serious sexual, violent and drug crimes except in “exceptional circumstances”.

“We are committed to keeping Tasmanians safe, and these changes send a strong message that if you do the crime, you do the time,” acting Attorney-General Matthew Groom said.

The removal of suspended sentences follows a report by Tasmania’s Sentencing Advisory Council, which found only 55 per cent of offenders who breached their conditions were returned to court to face the consequences. Suspended sentences have been abolished in NZ and Victoria, and their axing recommended in NSW.

But the Government can expect strong opposition from the legal fraternity, which has repeatedly spoken out against it. The Bill’s passage through the Legislative Council, where it has to be approved, will also be less than smooth.

The introduction of deferred sentencing earlier this year may ease concerns given their similarity.

“The community sees suspended sentences as a soft and ineffective response to crime, and the Sentencing Advisory Council report confirmed that Tasmania’s use of suspended sentences is higher than in all other Australian jurisdictions,” Mr Groom said.

Calls for home detention in Tasmania go back at least 20 years when a select committee of Parliament recommended their introduction.

Under the Bill, the courts will be able to imprison “suitable offenders” in their own homes for up to 18 months. Certain conditions such as electronic monitoring will be part of the deal. Community service and probation would be replaced with community correction orders.

These orders include other conditions, including curfews and a requirement not to associate with certain people.