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The Invisible Sanction: Suspended Sentences in Victoria 1985–1991

The Invisible Sanction: Suspended Sentences in Victoria 1985–1991 Do suspended prison sentences keep down the prison population? This objective laybehind the introduction of this measure to Victoria in 1985. British literature onsuspended sentences suggests that this objective is unrealistic, and that preciselythe opposite happened in Britain: a (lagged) blow-out in the prison population whensuspended sentences became activated. The initial and longer-term impact of suspendedsentences is tested with available data from magistrates courts, higher courts andprison censuses. The evidence from these sources confirms that a decline in the useof immediate imprisonment coincided with a growth in the use of suspended sentences.Some of this decline was temporary, as orders were breached and prison sentencesactivated. However, the net effect was a drop in the use of imprisonment. Theavoidance of a lagged increase in the prison population was achieved by a combinationof factors: short operational periods, a low breach rate, and extensive use ofdiscretion in re-sentencing. Despite the apparent success of this sanction, it islargely invisible from the public debate and its place in the range of sentencingoptions is largely unacknowledged. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Australian & New Zealand Journal of Criminology SAGE

The Invisible Sanction: Suspended Sentences in Victoria 1985–1991

Tait, David
Australian & New Zealand Journal of Criminology , Volume 28 (2): 20 – Jun 1, 1995
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References (9)

Publisher
SAGE
Copyright
© The Australian and New Zealand Society of Criminology and Authors, 1995
ISSN
0004-8658
eISSN
1837-9273
DOI
10.1177/000486589502800202
Publisher site
See Article on Publisher Site

Abstract

Do suspended prison sentences keep down the prison population? This objective laybehind the introduction of this measure to Victoria in 1985. British literature onsuspended sentences suggests that this objective is unrealistic, and that preciselythe opposite happened in Britain: a (lagged) blow-out in the prison population whensuspended sentences became activated. The initial and longer-term impact of suspendedsentences is tested with available data from magistrates courts, higher courts andprison censuses. The evidence from these sources confirms that a decline in the useof immediate imprisonment coincided with a growth in the use of suspended sentences.Some of this decline was temporary, as orders were breached and prison sentencesactivated. However, the net effect was a drop in the use of imprisonment. Theavoidance of a lagged increase in the prison population was achieved by a combinationof factors: short operational periods, a low breach rate, and extensive use ofdiscretion in re-sentencing. Despite the apparent success of this sanction, it islargely invisible from the public debate and its place in the range of sentencingoptions is largely unacknowledged.

Journal

Australian & New Zealand Journal of Criminology – SAGE

Published: Jun 1, 1995

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