Non-custodial Dispositions and the Politics of Sentencing

Abstract

In 2012, the Government of Victoria, Australia, introduced a new form of non-custodial disposition known as the “community correction order” (“CCO”). In 2014, the Victorian Court of Appeal was asked to provide guidance to sentencing courts so that CCOs could fulfil their potential as an alternative to imprisonment. The Court’s guideline judgment concluded that the advent of the CCO had the potential to transform sentencing in Victoria but that this would depend upon the community being properly informed about the capacity of a CCO to operate punitively, as well as to promote rehabilitation. This did not occur, however, and there was strident criticism of the judgment as authorising inadequate punishment of serious offences. Although sentencing courts have utilised the CCO appropriately in the light of the judgment, the Government recently legislated to restrict its availability.