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Sentencing Advisory Council

SAC Stats glossary

Title

Description

Case

A collection of one or more charges against a person finalised at one time.

Charge

A single instance of an offence.

Global sentence

A single sentence applying to multiple charges.

Magistrates court

The Magistrates' Court is Tasmania's lower court.

The Magistrates' Court deals with less serious offences ("summary offences"). 

More serious crimes ("indictable offences") are dealt with in the Supreme Court.

Offender

A person who has been found guilty of, or has pleaded guilty to, an offence.

Sentence

A sanction imposed on an offender by a Magistrate (or a Judge in the Supreme Court) who has been found guilty of (or has pleaded guilty to) one or more charges.

Sentence types

The main Act covering sentencing for adult offenders is the Sentencing Act 1997.

Imprisonment

A sentence made under the Sentencing Act 1997 Section 7(a).

This sentence requires the offender to spend time in prison.

The Magistrate also determines whether or not the offender will be allowed to apply for Parole. If there is a non-parole period, after that time the offender will be eligible to apply to be paroled to serve the remainder of their sentence under supervision in the community. If no non-parole period is set, the offender will not be eligible to apply for parole.

Read more in the Sentencing Act 1997 Sections 12-16A.

Imprisonment (partially suspended) Imprisonment (wholly suspended)

A sentence made under the Sentencing Act 1997 Section 7(b), often called a "suspended sentence".

The Court orders the offender to serve a term of imprisonment, but part or all of the sentence is "suspended" for a period of time. For a partially suspended sentence, the offender serves part of the imprisonment term immediately and then is released with the remaining part of the sentence suspended.

If the offender breaches the suspended sentence, the imprisonment order may be activated and the offender may go to prison.

Suspended sentences may also include additional conditions, such as doing Community Service, attending a Rehabilitation Program, and / or supervision by a Probation Officer.

Read more in the Sentencing Act 1997 Sections 24-27.

Community Service Order (CSO)

A sentence made under the Sentencing Act 1997 Section 7(c).

The offender is required to carry out community service under the supervision of Community Corrections.

Read more in the Sentencing Act 1997 Sections 28-36A.

Probation Order

A sentence made under the Sentencing Act 1997 Section 7(d). The offender is required to undergo supervision by a Probation Officer. This may include a variety of activities to reduce their risk of re-offending.

Read more in the Sentencing Act 1997 Sections 37-42A.

Rehabilitation Program Order (Family Violence)

A sentence made under the Sentencing Act 1997 Section 7(ea). This sentence type is only for family violence offences.

The offender is required to participate in a family violence treatment program.

Recognizance

An order made under Section 20(1)(a) or Section 20(1)(b) of the Commonwealth Crimes Act 1914. These orders can only be made for offences against Commonwealth law (also known as federal offences), not Tasmanian state law.

The Court releases the offender on the condition that they be of good behaviour for a period of time. If the offender is of good behaviour for that period there is no further punishment.

Under Section 20(1)(a), if the offender is not of good behaviour they may be fined and resentenced for the original offence. This is similar to an Undertaking under State law.

Under Section 20(1)(b), the order also includes a sentence of imprisonment which is partially or wholly suspended. If it is breached the offender is likely to go to prison.

This order is similar to a suspended sentence under State law.

The two types of Recognizance cannot be separated in the SACstats data. In the Australian Bureau of Statistics hierarchy, both types of Recognizance are classified under "Good Behaviour Bond".

Undertaking

A sentence made under the Sentencing Act 1997 Section 7(f).

The Court releases the offender on the condition that they be of good behaviour for a period of time. If the offender is of good behaviour for that period there is no further punishment.

The offender may be required to return to Court during this period. If they are found to have failed to comply with the order, they may be resentenced to a more serious sentence for the original offence/s.

In the Australian Bureau of Statistics hierarchy, Undertaking is classified under "Good Behaviour Bond".

Licence Disqualification

A sentence made under the Sentencing Act 1997 Section 55 (2)(a).

The offender is disqualified from driving, either for a specified period or until further ordered by a court.

If the disqualification is for 4 months or less, the licence is "suspended". If the disqualification is for more than 4 months, the licence is "cancelled".

Read more in the Sentencing Act 1997 Section 55 and Vehicle and Traffic Act 1999 Section 24.

Nominal Penalty

This category includes the least serious sentencing outcomes. The offender has been found guilty, but for various reasons the Court imposes only a nominal penalty. This category includes the following sentence types

  • Discharge under the Sentencing Act 1997 Section 7(g)
  • Dismissal under the Sentencing Act 1997 Section 7(h)

Read more about the Sentencing Act 1997 Sections 9 and 10.

Demerit Points

A penalty under the Vehicle and Traffic Act 1999.

Demerit points are recorded against the offender's Driver's Licence.

Read more in the Vehicle and Traffic Act 1999 Sections 19F-26.

Other relevant terms

Parole

A Parole Order allows a prisoner to serve the remainder of their sentence under supervision in the community. Parolees are supervised by Community Corrections, and are required to meet various conditions under their Parole Order or as directed by their Probation Officer.

If the Parole Order is revoked, the parolee must return to prison for the amount of time that remained to be served on their sentence, and may also receive additional penalties.

The Parole Board has the responsibility for granting and revoking Parole Orders.

Read more in the Sentencing Act 1997 Sections 17-18.

Good Behaviour Bond

A category of sentencing outcomes defined by the Australian Bureau of Statistics. The category describes a number of less serious sentencing outcomes in which the Court releases the offender on the condition that they be of good behaviour for a period of time.

If the offender is of good behaviour for that period there is no further punishment.

In Tasmania this includes the following sentence types:

  • undertaking under the Sentencing Act 1997 Section 7(f)
  • recognizance under the Commonwealth Crimes Act 1914 Section 20(1)(a) or 20(1)(b).

It also includes some sentences described under the Youth Justice Act 1997.

In SAC Stats undertaking and recognizance are shown separately.