What it does
The Sentencing Act 1997 (Tas) is the principal statute governing the imposition, administration, and enforcement of sentences in Tasmanian courts for adult offenders. Its core function, stated in s 3, is to amend and consolidate the State's sentencing law while promoting community protection as the primary consideration (s 3(b)), consistency (s 3(c)), fair procedures for general and special cases including breaches (s 3(d)), crime prevention through deterrence, rehabilitation and denunciation (s 3(e)), public understanding of sentencing (s 3(f)), clear objectives for orders (s 3(g)), and recognition of victims' interests (s 3(h)).
The Act provides a structured hierarchy of sentencing powers in Part 2. Under s 7, upon a finding of guilt a court may:
- Record a conviction and impose imprisonment (s 7(a)), wholly or partly suspended (s 7(b)), home detention (s 7(c) for adults), a community correction order (s 7(d)), a fine (s 7(e)), a rehabilitation program order for family violence (s 7(ea)), defer sentencing (s 7(eb)), release on adjournment with undertakings (s 7(f)), discharge on conviction (s 7(g)), dismiss without conviction (s 7(h)), or combine authorised orders (s 7(i)).
Part 3 governs custodial sentences. Imprisonment commences on the day imposed unless the offender is not in custody (s 14(1)). Concurrent service is the default unless otherwise ordered (s 15(1)), but escape offences, prison offences and fines are cumulative (s 15(2)-(3)). Time in custody pre-trial is credited (s 16). Mandatory minimum 6-month terms apply for assaults causing serious harm to police (s 16A) or frontline workers (s 16B, inserted 2024), subject to limited exceptions for youth or impaired mental functioning.
Non-parole periods are regulated by ss 17-18. For finite terms the court may bar parole or set a non-parole period of at least half the sentence (s 17(2)-(3)); life sentences require a minimum term or no-parole order (s 18). Suspended sentences are conditional (s 24) and may be combined with other orders (s 8). Breach activates the suspended term unless unjust (s 27(4B)-(4E)).