Home Detention Sentences In The Spotlight In South Australia

Monday 14 November 2016 @ 11.47 a.m. | Crime

The South Australian Opposition have introduced a Bill that would amend home detention laws in the state to prevent defendants being sentenced for murder, serious sexual offences or terrorism-related offences being given a home detention sentence. The Bill follows renewed debate about when home detention should be awarded, since the laws came into effect at the beginning of September.

The Original Legislation

The Statutes Amendment (Home Detention) Act 2016 (SA) was assented on 26 May 2016, with the last pieces of the legislation commencing on 1 September 2016. The Act allows courts to impose sentences of home detention on offenders if the court found they were a suitable person, with the paramount consideration of the court to be the safety of the community. Courts are also required to consider the impact of the home detention order on any victim of the offence, the spouse or domestic partner of the defendant and any other person residing at the residence. Home detention sentences permit offenders to leave the residence for remunerated employment, study or education programs, and urgent medical or dental treatment.

Introducing the original Bill into Parliament, Attorney-General John Rau said:

“The bill seeks to divert offenders from custody who are assessed as low risk of causing harm to the community while providing a suitably intensive penalty that involves monitoring and restrictions on liberty. While the safety of the community remains a paramount consideration, the bill provides greater opportunity for minimising the harm associated with imprisonment by allowing a prisoner to maintain important community ties and enhance opportunities for engagement with appropriate treatment and counselling services or to reintegrate into society at an earlier stage in their sentence.”

Criticism

The new home detention laws were heavily criticised after a man found guilty of causing death by dangerous driving and three counts of causing harm by dangerous driving was sentenced to five years home detention. Commissioner for Victims’ Rights, Michael O’Connell, told ABC News:

“When someone is killed, in particular in a car crash and they have been found guilty of culpably negligent driving — that is the most serious traffic offence that we have — then in only, and I stress in only exceptional circumstances, do I feel that home detention should be a sentencing option… The person should face imprisonment.”

He said the laws should not be abolished “but rather refine[d]… so that it better reflects the intent”.

The Opposition Bill

The Criminal Law (Sentencing) (Home Detention) Amendment Bill 2016 was introduced by Shadow Minister for Correctional Services, Mr van Holst Pellekaan, into the House of Assembly on November 3. In his second reading speech, Mr van Holst Pellekaan said:

“there are some criminals, some convicted criminals, who should not be entitled to consideration of home detention. For us, it is fairly simple. Murderers, terrorists and serious sex offenders should not be eligible for home detention. It is pretty straightforward…

There is a huge amount of public frustration and public anger about some recent home detention sentences that have been handed out…

I will say again that it is not up to the victims or the victims' families to be choosing the sentence, and it should not be, but their views and feelings, and the position of the overall community at large, must absolutely be listened to”.

Government Response

Attorney-General John Rau told ABC News that the SA Government would monitor the application of the new laws. He said in a statement:

“The intention of the policy remains the same because home detention improves prospects of rehabilitation with suitable candidates remaining within a supportive community rather than being locked up with hardcore offenders…

The Government has been in discussion with other parties in the justice system about the laws. The Director of Public Prosecutions is appealing in two cases and the Court of Criminal Appeal may give more guidance on when a home detention sentence is appropriate.”

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