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DATA ELEMENTS AND DATA ELEMENT CONCEPTS


PRINCIPAL SENTENCE


IDENTIFYING AND DEFINITIONAL ATTRIBUTES

Metadata type:

DATA ELEMENT Version: 1

Definition:

The Principal Sentence refers to the main sentence type for a defendant who has a proven guilty Method of Finalisation.

Context:

Sentence describes the type of punishment given for a breach of the criminal law. This is usually a final order or sanction imposed by the court during a sentence hearing for a defendant who has been proven guilty of committing a criminal offence. It generally results in action that restricts or compels the defendant in order to fulfil one or more of the following sentencing objectives:

• punishment;
• restitution/reparation;
• rehabilitation/care;
• prevention/containment/supervision.

Numeric

Field size:

Min: 3 Max: 3

Representational form:

Code

Representational layout:

NNN

Data domain:

The sentence type classification has two major categories distinguishing between Custodial and Non-custodial orders. Codes are provided to distinguish between the levels in the hierarchy and can be used to assist with data entry and/or output purposes.

Custodial Orders

An order requiring a person to have restricted liberty for a specified period of time either through detainment in an institution/home or being subject to regular supervision while residing within the community.

Non-Custodial Orders

Sentence imposed on an offender that does not involve custody.

More detailed definitions of the types of Principal Sentence can be found in the glossary.

A defendant can receive a single sentence for a single offence proven guilty, a single sentence for multiple offences proven guilty, multiple sentences due to multiple offences proven guilty and/or multiple sentences assigned to the one offence proven guilty.

Only one Principal Sentence may be applied to each defendant's case. National coding rules are applied to determine the appropriate Principal Sentence code where the defendant has multiple sentence types.

1. Where there is only one sentence for a single offence proven guilty, the Principal Sentence will be the same as the offence sentence type.
2. Where there is only one sentence for multiple offences proven guilty (including a global sentence), the Principal Sentence will be the same sentence type shared by the multiple offences.
3. Where a defendant has multiple sentences and these are all the same sentence type, the Principal Sentence will be that sentence type.
4. Where a defendant has multiple sentences and these are different sentence types, the Principal Sentence will be determined by applying the following hierarchy of the Sentence type classification:


111 Life and indeterminate imprisonment
112 Imprisonment with determined term
113 Periodic detention
110 Custody in a correctional institution n.f.d.
121 Intensive corrections order
122 Home detention
129 Other custody in the community n.e.c.
120 Custody in the community n.f.d.
131 Suspended sentence
130 Suspended sentence n.f.d.
100 Custodial orders n.f.d.
211 Community service orders
212 Probation orders
213 Treatment orders
210 Community supervision or work orders n.f.d.
221 Fine
222 Orders as recompense to victim
229 Other monetary orders n.e.c.
220 Monetary orders n.f.d.
291 Good behaviour bond/Recognisance orders
292 Licence disqualification/Suspension/Amendment
293 Forfeiture of property order
294 Nominal penalty
299 Other non-custodial orders n.e.c.
290 Other non-custodial orders n.f.d.
200 Non-custodial orders n.f.d.
900 Sentence type unknown/Not stated

Principal Sentence should only be derived for defendants with a charge proven guilty (either by court, by guilty plea or ex-parte).

The following should be excluded when considering the scope for Principal Sentence:

• hearings for a breach of a criminal court order, which is typically a re-sentencing and therefore not heard in the original jurisdiction of the court; and
• re-sentence hearings in an Appeal court. If as a result of a re-sentencing hearing in an Appeal Court, new finalisation information appears on the Magistrates' or higher Court system, then this information is out of scope.

This information is taken from court process documentation including court bench sheets etc.

Related metadata:

Is related to the data element concept:

Finalised Defendant

Method of Finalisation
Principal Offence

1. Higher Criminal Courts Collection Manual

2. Magistrates' Criminal Courts Collection Manual

Source organisation:

1. Australian Bureau of Statistics

2. Australian Bureau of Statistics

History:

Commenced 2005

Comments:

The Principal Sentence is usually, though not necessarily, the sentence associated with the Principal Offence.