Repeal of mandatory sentencing and reform of community based sentencing options

Sentencing reform for a safer Territory

The NT Government has reformed mandatory sentencing and simplified community-based sentencing orders to break the cycle of reoffending, prioritise victim safety and hold offenders accountable.

These changes are in response to the NT Law Reform Committee’s Report into Mandatory Sentencing and Community Based Sentencing Options and will be supported and informed by the NT Government’s Domestic, Family and Sexual Violence Reduction Framework 2018–2022, Safe, Respected and Free from Violence.

The reforms will include the repeal of mandatory sentencing for a number of offences, including:

• drug offences
• violent offences (except assaulting police or emergency worker)
• breaches of domestic violence orders.

Alignment with NT Government priorities

These reforms align closely with the NT’s Domestic, Family and Sexual Violence Reduction Framework 2018-2028, as well as the NT Aboriginal Justice Agreement 2021-2027.

Summary of legislative amendments

The Sentencing and Other Amendment Legislation Bill 2022 has now been passed and enacted. The key changes include:

• repeal of mandatory sentencing for certain categories of offenses
• removal of mandatory non-parole periods for specific offenses, replaced by a new standard non-parole period of 50% of the head sentence
• reform and simplification of sentencing options, particularly community-based orders.

Legislative amendments to mandatory sentencing

What does repealing mandatory sentencing mean?

This means  for the specified categories of offences, judges will no longer have to impose a period of imprisonment for a specified length of time. A judge will now be able to impose other community-based options to address offending behaviours, although the option of imprisonment remains.

What offences does the repeal apply to?

The offences no longer subject to mandatory sentencing include:

• violent offences (under Part 3, Division 6A of the Sentencing Act 1995)
• drug offences (under section 37(2) of the Misuse of Drugs Act 1990 and section 55(1) of the Sentencing Act 1995)
• repeat breach of DVO offences (under section 121(2) of the Domestic and Family Violence Act 2007).

What offences still have mandatory sentencing attached to them?

Murder, serious sexual offending, assaults against police and emergency workers, and serious property offences all still retain mandatory periods of imprisonment.

Will it apply to youth offenders?

The new penalties relating to breaching family and domestic violence orders apply to both adults and youths.

The new community-based orders do not apply toyouths.

New community-based orders

The amendments simplify sentencing by creating two new corrections orders, based on whether the sentence is custodial or non-custodial. Suspended sentences will be retained under the Bill.

There are now two main types of community-based orders:

• Community Correction Order (CCO)
• Intensive Community Correction Order (ICCO).

For more information, go to the NT Government website.

Legislative amendments to minimum mandatory non-parole periods

Mandatory non-parole periods will no longer apply to violent offences such as assault, drug offences and repeat breaches of DVO, but the court will still be required to impose a non-parole period of at least fifty per cent of the head sentence if it considers that a non-parole period is appropriate in the circumstances.

Programs to support reforms

Offender programs have been developed to reduce reoffending and support the safety of victim-survivors:

• Men’s Behaviour Change Programs (funded by Territory Families Housing and Communities)
• General Offender Program (funded by Attorney-General and Justice).

Transitional arrangements

Offenders currently serving under mandatory imprisonment will not be affected by the reforms. Only individuals sentenced after the legislation took effect will be subject to the new sentencing provisions.

Offenders currently supervised under old orders will continue under those arrangements, with breaches subject to the penalties outlined in the previous orders.