4513.0 - Criminal Courts, Australia, 2017-18 Quality Declaration 
ARCHIVED ISSUE Released at 11:30 AM (CANBERRA TIME) 28/02/2019   
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APPENDIX 3 – SENTENCE TYPE CLASSIFICATION

This Appendix includes sentence codes, categories and definitions for each sentence type included in the Criminal Courts, Australia collection. For additional information about sentencing practices adopted by each state and territory and how these may impact on the comparability of the data presented in this collection please refer to the Explanatory Notes.


CODESENTENCE TYPE AND DESCRIPTION

1000CUSTODIAL ORDERS

Sentences which impose a specified period of restricted liberty on a person through detainment in an institution, a home, or through intensive supervision while residing in the community. Includes:
  • 1100 Custody in a correctional institution
  • 1200 Custody in the community
  • 1300 Fully suspended sentences

1100Custody in a correctional institution

Sentences that require a person to be detained within a facility, built especially for the purpose of incarceration. Includes:
  • 1110 Life and indeterminate imprisonment
  • 1120 Imprisonment
  • 1130 Periodic detention
  • 1140 Juvenile detention

1110Life and indeterminate imprisonment

Life Imprisonment: A sentence requiring a person to serve time in custody for a minimum time, specified by the court or other administrative body (e.g. Parole Board). This can, but does not necessarily mean, that a person may be held in custody for the full duration of his/her natural life.

Indeterminate Imprisonment: A sentence dealt to those declared to be habitual criminals, those deemed not responsible for their actions due to a mental or intellectual impairment, or those sentenced to imprisonment where no formal release date has been set. The prisoner may be released at any time at the discretion of the administrative body responsible for making that decision (e.g. Parole Board).

1120Imprisonment

A sentence requiring a person to be detained within a facility built especially for the purpose of incarceration. Includes:
  • 1121 Imprisonment with a determined term
  • 1122 Imprisonment with a partially suspended term

1121Imprisonment with a determined term

A sentence requiring a person to be detained, within a facility built especially for the purpose of incarceration, for a specified period of time.

1122Imprisonment with a partially suspended term

A sentence requiring a person to be detained within a facility built especially for the purpose of incarceration, for part of a specified period of time, subject to the person being of good behaviour.

1130Periodic detention

A sentence requiring a person to be in custody for two consecutive days in a week (e.g. weekends) and remain at liberty during the rest of the week.

1140Juvenile detention

A sentence requiring a juvenile person to be detained within a facility built especially for the purpose of incarceration. Includes:
  • 1141 Juvenile detention with a determined term
  • 1142 Juvenile detention with a partially suspended term

1141Juvenile detention with a determined term

A sentence requiring a juvenile person to be detained within a facility, built especially for the purpose of incarceration, for a specified period of time.

1142Juvenile detention with a partially suspended term

A sentence requiring a juvenile person to be detained within a facility, built especially for the purpose of incarceration, for part of a specified period of time, subject to the person being of good behaviour.

1200Custody in the community

An alternative to full time imprisonment, requiring a person to have restricted liberty for the duration of their sentence which is carried out in an approved community location under strict supervision. Includes:
  • 1210 Intensive corrections orders
  • 1220 Home detention
  • 1290 Other custody in the community (not elsewhere classified)

1210Intensive corrections orders

A sentence, served in the community, that places restrictions on the liberty of the person and requires them to report to a correctional services officer on a regular basis for a specified period of time. Includes: intensive supervision/corrections orders and fully suspended sentences (with conditions).

1220Home detention

A sentence requiring a person to be confined to their home or another approved place of residence for the duration (or part) of the sentence of imprisonment. Involves restrictions to liberty and strict supervision (e.g. electronic monitoring).

1290Other custody in the community (not elsewhere classified)

A sentence, served in the community, which restricts the liberty of a person for a specified period of time, while they reside within an approved location - which has not been described elsewhere (i.e. 1200, 1210 or 1220).

1300Fully suspended sentences

A sentence which releases a person into the community, subject to them being of good behaviour for the length of the sentence. Includes:
  • 1310 Fully suspended adult sentence
  • 1320 Fully suspended juvenile sentence

1310 Fully suspended adult sentence

A sentence which releases a person into the community, subject to them being of good behaviour for the length of the sentence. Excludes fully suspended sentences that have added conditions other than good behaviour (these are classified to sentence code 1210).

1320 Fully suspended juvenile sentence

A sentence which releases a juvenile person into the community, subject to them being of good behaviour for the length of the sentence.

2000NON-CUSTODIAL ORDERS

Orders that do not involve a person being held in custody. Includes:
  • 2100 Community supervision or work orders
  • 2200 Monetary orders
  • 2900 Other non-custodial orders

2100Community supervision or work orders

An order requiring a person to perform work within the community or report to a person nominated by the court (e.g. a justice official). Includes:
  • 2110 Community service orders
  • 2120 Probation orders
  • 2130 Treatment orders
  • 2140 Referral to conference

2110Community service orders

An order requiring a person to undertake a specified number of hours of unpaid work for the community.

2120Probation orders

An order requiring a person to report periodically to an authorised officer. Excludes orders that contain periods of restricted liberty.

2130Treatment orders

An order requiring a person to undertake a specified rehabilitation program aimed at behavioural or attitudinal modification e.g. drug or alcohol treatment programs.

2140Referral to conference

An order requiring a person to attend a group, family or community conference.

2200Monetary orders

An order that requires a person pay a sum of money, usually in the form of a fine, or as recompense to victims. Includes:
  • 2210 Fine
  • 2220 Orders as recompense to victim
  • 2290 Other monetary orders (not elsewhere classified)

2210Fine

A monetary penalty requiring a person to pay a sum of money to the Crown.

2220Orders as recompense to victim

An order requiring a person to pay a sum of money for a purpose, other than a fine, usually in relation to reparation to a victim. Includes restitution and compensation orders.

2290 Other monetary orders (not elsewhere classified)

Other monetary orders, not described elsewhere (i.e. 2210 or 2220), such as vehicle impoundment costs.

2900Other non-custodial orders

Other non-custodial orders, not described elsewhere. Includes:
  • 2910 Good behaviour bonds
  • 2920 Licence disqualification/suspension/amendment
  • 2930 Forfeiture of property order
  • 2940 Nominal penalties
  • 2990 Other non-custodial orders (not elsewhere classified)

2910Good behaviour bond/recognisance orders

An order requiring a person to be of good behaviour for a specified period of time. May include additional conditions that must be obeyed for the term of the order. Includes Recognisance orders – a condition or obligation undertaken by a defendant whereby they acknowledge, before the court, that they owe a personal debt to the state.

2920 License disqualification/suspension/amendment

An order relating to the cancellation/suspension or amendment of a licence/permit, or the review, or modification of conditions associated with it.

2930 Forfeiture of property orders

An order that deprives a person of his/her property as a penalty for some act or omission.

2940Nominal penalty

An order which releases a person without a specific penalty, which may or may not have conditions attached. Includes Rising of the Court1 and discharge/dismissal.

2990Other non-custodial orders (not elsewhere classified)

Other non-custodial orders that have not been described elsewhere (i.e. 2910, 2920, 2930 or 2940).

9000UNKNOWN/NOT STATED

The sentence is not able to be determined.


1. Rising of the Court: A defendant who is proven guilty of a criminal charge(s) is sentenced to remain in custody until the final adjournment of the court for the term, usually only momentarily.