ABSTRACT
The Sentencing (Reducing Women in Custody) Bill 2024 introduces significant amendments aimed at reducing the number of women in custody for non-violent and less serious violent offences. The amendments ensure that imprisonment is used as a last resort by introducing a presumption against sentences of imprisonment of 12 months or less, unless exceptional circumstances exist. The impact of sentences on dependent children is also addressed, requiring the court to consider the likely effect of the sentence on the offender's children. A move away from custodial sentences for non-violent offences must be supported by expanded community-based sanctions, and it is envisioned that home detention be reinstated in the near future. Although primarily aimed at reducing the number of women in custody, the amendments are gender-neutral and seek to achieve fair outcomes for all defendants without compromising community safety.
