❓ Hon Giz Watson questions the Attorney General about the impact of Sentencing Act changes on prison population, particularly regarding short sentences for fine defaulters and breaches of community orders, given the high incarceration rate in WA.
AnsweredQoN 1065Legislative Council
QuestionView source ↗
With regards to the impact on the prison population of the changes to the
Sentencing Act -
(1) Is the Attorney General aware that West Australians are incarcerated at a rate three times the national average?
(2) Is the Attorney General trying to arrest the situation of a blowout in numbers, considering he spoke enthusiastically in 2001 of bringing the prisoner population down?
(3) Is he aware that fine defaulters and people in breach of community orders are serving terms of less than a month in prison?
(4) How is this possible, given his intention to not have people serve a term of less than six months?
Sentencing Act -
(1) Is the Attorney General aware that West Australians are incarcerated at a rate three times the national average?
(2) Is the Attorney General trying to arrest the situation of a blowout in numbers, considering he spoke enthusiastically in 2001 of bringing the prisoner population down?
(3) Is he aware that fine defaulters and people in breach of community orders are serving terms of less than a month in prison?
(4) How is this possible, given his intention to not have people serve a term of less than six months?
AnswerView source ↗
Answered
6 May 2005
Responded by
Parliamentary Secretary representing the Attorney General
Response time
9 days
(2) Yes. The Government is trying to arrest the rising number of people in prison by developing strategies to ensure minor offenders are managed in the community rather than imprisoned. (3) Yes, in respect of breaches of Work and Development Orders issued for fine default. (4) A fine defaulter in breach of a Work and Development Order serves a term which equates to the unsatisfied balance of the fine. This may equate to less than 6 months. A person who is sentenced in relation to an offence, or a breach of an order other than a Work and Development Order, can only be sentenced to imprisonment under the Sentencing Act 1995 to more than 6 months should the court deem imprisonment the most appropriate disposition.
(3) Yes, in respect of breaches of Work and Development Orders issued for fine default. (4) A fine defaulter in breach of a Work and Development Order serves a term which equates to the unsatisfied balance of the fine. This may equate to less than 6 months. A person who is sentenced in relation to an offence, or a breach of an order other than a Work and Development Order, can only be sentenced to imprisonment under the Sentencing Act 1995 to more than 6 months should the court deem imprisonment the most appropriate disposition.
(4) A fine defaulter in breach of a Work and Development Order serves a term which equates to the unsatisfied balance of the fine. This may equate to less than 6 months. A person who is sentenced in relation to an offence, or a breach of an order other than a Work and Development Order, can only be sentenced to imprisonment under the Sentencing Act 1995 to more than 6 months should the court deem imprisonment the most appropriate disposition.
(3) Yes, in respect of breaches of Work and Development Orders issued for fine default. (4) A fine defaulter in breach of a Work and Development Order serves a term which equates to the unsatisfied balance of the fine. This may equate to less than 6 months. A person who is sentenced in relation to an offence, or a breach of an order other than a Work and Development Order, can only be sentenced to imprisonment under the Sentencing Act 1995 to more than 6 months should the court deem imprisonment the most appropriate disposition.
(4) A fine defaulter in breach of a Work and Development Order serves a term which equates to the unsatisfied balance of the fine. This may equate to less than 6 months. A person who is sentenced in relation to an offence, or a breach of an order other than a Work and Development Order, can only be sentenced to imprisonment under the Sentencing Act 1995 to more than 6 months should the court deem imprisonment the most appropriate disposition.
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