The sentencing hierarchy introduces a clear hierarchy of available sentences and orders within six tiers, showing how each sentence compares with imprisonment and each other.
The sentencing hierarchy is based on the degree of restriction on the offender's liberty and the level of supervision provided in each sentence. The level of engagement, monitoring, supervision and possibly restriction of an offender increases as the offender moves up the hierarchy. Imprisonment is the most severe penalty (highest tier in the hierarchy), and Section 11 sanctions (e.g. convict and discharge) are the least severe.
There are four community-based sentencing options (community work, supervision, intensive supervision and community detention).
The new sentence of home detention is intended for offenders who would otherwise receive a short sentence of imprisonment and for whom community-based sentences are not deemed appropriate. It sits between community based sentences and imprisonment.
The hierarchy is described in the diagram on the next page.
When imposing a sentence, the court must impose the least restrictive outcome that is appropriate in the circumstances.
Legislative references: Sections 8, 19, and 20 Sentencing Act 2002.
