Sentencing Amendment (Phasing Out Of Suspended Sentences) Act 2017

What This Law Does

This Tasmanian law phases out suspended sentences — a type of punishment where a court sends someone to prison, but then suspends (delays or cancels) that prison term on the condition they stay out of trouble. Under a suspended sentence, offenders avoid actually going to jail unless they reoffend.

Who It Affects

• People convicted of crimes in Tasmania — particularly those who might previously have received a suspended sentence instead of actual jail time
• Judges and magistrates — their sentencing options are being reduced
• Defence lawyers and prosecutors — who must now work within a different range of sentencing tools

Why It Matters

Suspended sentences have been criticised as a 'soft option' that can confuse the public and fail to deter reoffending. By phasing them out, Tasmania is pushing courts toward other alternatives to full-time imprisonment, such as community service orders, home detention, or fines — or in serious cases, actual imprisonment.

The word 'phasing out' is important: this wasn't an immediate ban. It was introduced gradually, giving the courts, legal profession, and the justice system time to adjust.

The practical effect is that fewer people may avoid prison where they previously would have received a suspended sentence, though courts still have other non-custodial options available.