In this article we’ll be covering the following:

• What full time imprisonment entails

• Understanding the distinctions between non-parole and parole periods 

• Differences between being on remand and serving a full-time sentence.

• Typical jail sentences for various crimes in Australia

What is Full time Imprisonment?

Full-time imprisonment, commonly referred to as full-custody sentencing, represents the most severe penalty within the justice system, signifying imprisonment behind bars as a last resort measure. This penalty Is only utilised when no other penalty adequately addresses the severity of the offence you committed. In full-time imprisonment, you are held in custody for extended periods, typically exceeding six months, without the possibility of early release during the non-parole period. 

It is also important to understand that while full-time imprisonment is often viewed as the default penalty for serious crimes, the court may explore alternative sentencing options such as Intensive Correction Orders, Community Correction Orders, or Conditional Release Orders where appropriate. Full time Imprisonment serves as a reminder of the consequences of serious crimes against society.

What is a “non-parole” and “parole” period?

A non-parole period is the minimum amount of time a person must spend in prison before they become eligible for parole. This period is set by the court at the time of sentencing and is designed to ensure that you serve a portion of their sentence before being considered for release into the community. 

Non-parole periods vary depending on the severity of the offence and other factors such as your criminal history and behaviour. In some cases, mitigating factors of exceptional circumstances will be taken into consideration when setting the no-parole period. 

A parole period is the period during which you have been granted parole and are allowed to serve the remainder of your sentence outside of prison, under supervision in the community. This allows you to be reintegrated into society gradually while still serving your sentence. 

When released on parole, you will be required to comply with certain conditions set by the parole board. These conditions can include regularly reporting to a community corrections officer or attending treatment programs. Failure to comply with these conditions may result in the revocation of parole and a return to prison to serve the remainder of the sentence.

What special circumstances are considered when setting non-parole periods?

Under section 44 of the Crimes (Sentencing Procedure) Act 1999, prior to being sentenced to imprisonment of more than 6 months, a non-parole period must be set by the court unless there are sufficient reasons not to set one. 

If special circumstances are found, the court can set a non-parole period that is lower in proportion to the sentence. 

Special considerations can include:

• Illness or disability – when making this finding several factors are taken into account such as the seriousness of the offence, community safety and whether the illness/disability was present at the time of the offence. 

• Rehabilitation – Your good prospects of rehabilitation may warrant a finding of special circumstances. It is not necessary to be satisfied rehabilitation is likely to be successful as opposed to a possibility, but merely that the you have prospects of rehabilitation which would be assisted by a longer parole period.

• Risk of Institutionalisation – The risk of instiutionalisation, even in the face of entrenched and serious recidivism, may justify a finding of special circumstances.

• Drug and Alcohol Addiction – This may be made where you require significant help to overcome drug and/or alcohol addiction. 

When can the courts refuse to set a non-parole period?

Not all prison sentences come with a non-parole period, the courts can refuse to set a non-parole period for several reasons including: 

• The severity of the offence: In matters where the offence committed is more severe or serious, the court may decide that you should serve the entire sentence without the possibility for parole. This decision is often made to ensure that the punishment aligns with the seriousness of the crime. 

• Criminal History: If you have a significant criminal history or has committed multiple offences, the court may choose not to set a non-parole period. The decision reflects concerns about the defendant’s likelihood to reoffend or the need for a more serious punishment due to previous behaviour.

• Prison sentences less than 6 months: For prison sentences which are less than 6 months, the court may decide not to set a non-parole period. Since the sentence is already relatively brief, the court may determine that it is appropriate for the offender to serve the entire sentence without the possibility for parole.

When can you be released on parole?

When it comes to being released on parole, the timing and conditions depend on the length of your sentence.

If your sentence has a non-parole period of less than three year, you typically become eligible for parole automatically upon the expiration of that non-parole period. Essentially, once you’ve served the minimum term set by the court, you can be released on parole. This means you’ll be supervised while reintegrating into society. 

If your sentence has a non-parole period of three years or more, the decision to release you on parole is usually not automatic. Instead, it’s typically subject to review and approval by a parole board or a similar authority. They assess various factors, including your behaviour in prison, the nature of your offence, and your potential risk to the community. If they deem it appropriate, they will grant parole subject to conditions.

What happens if I breach the conditions of my parole?

If you breach the conditions of your parole, there can be serious consequences. Including being returned to prison to serve the remainder of your sentence. You can also receive: 

• Warning or hearing: If the violation is minor, you may receive a warning from your parole officer or be called to a parole hearing to discuss the breach 

• Increased supervision: If the violation is minor or can be addressed through additional supervision, your parole officer may impose stricter conditions or increase monitoring.

What’s the difference between remand and imprisonment?

Remand and imprisonment are both forms of custody, but they differ in their status and purpose.

Remand refers to the period when you are kept in custody while awaiting trial of your case. This occurs when bail is not granted or when the court determines you should be held for other reasons, such as concerns about public safety. During remand, you are still considered innocent until prove guilty and you are not convicted of any crime.

Imprisonment occurs after an individual has been found guilty of a crime and sentenced by a court. It involves serving a specific period of time in a correctional facility as punishment for the offence committed. Unlike remand, imprisonment includes a formal conviction and sentencing process, where you are found guilty beyond a reasonable doubt.

If you are in remand and later found guilty and sentenced to imprisonment, the time spent in remand will often be taken into account when calculating your total sentence. This may reduce the overall duration of imprisonment you are required to serve.

What does the court consider when ordering full-time imprisonment?

When the court decides to order full-time imprisonment for a defendant, it takes several factors into consideration to determine the appropriate length of the prison sentence. This includes: 

• Severity of the offence: The court evaluates the seriousness and type of offence committed by the defendant. Serious crimes with significant societal impact, often result in longer prison sentences. 

• Circumstances of the offence: The court will examine the specific details of the crime, including any aggravating or mitigating factors. Aggravating factors, such as planning or premeditation, may lead to a more serious sentence, while mitigating factors could potentially reduce the sentence.

• Impact on community: The court considers the harm caused to victims and the broader impact on society. Offences which cause harm or fear to the public may result in longer sentences to address the consequences 

• Criminal History: Your criminal history of offences will have a significant role in sentencing. If you have a large criminal record, you may receive a longer sentence as a means of deterrence or rehabilitation.

• Remorse and rehabilitation: The court will evaluate whether you have shown genuine remorse for your actions and have taken steps towards rehabilitation. Co-operation with police and participation in rehabilitation programs can influence the court’s decision regarding your sentence.

Jail Sentences for Crimes in Australia | Standard Non-parole periods

In New South Wales, certain serious criminal offences are designated as having a prescribes ‘standard’ period of full-time imprisonment, known as a non-parole period. These standard non-parole periods serve as a reference point for judges when sentencing you for specific offences. While judges have discretion in sentencing, they are required to consider these standard periods as a guide when determines an appropriate sentence. 

The determination of the seriousness of an offence, particularly whether it falls within the mid-level range for that type of offence, is crucial in applying the standard non-parole period.

This assessment involves considering both the maximum penalty for the offence and objective factors related to the nature and circumstances of the crime. Factors such as premeditation, planning, the duration of the offence, the extent of harm caused, intent and the level of involvement in the offence are taken into account. 

However, judges retain discretion of not imposing the standard non-parole period if warranted by the circumstances of the matter. For example, mitigating factors such as remorse and cooperation with police may influence the sentencing decision. In such cases, judges may impose alternative sentences, such as intensive corrections orders, which allow you to serve your sentence in the community under supervision, with conditions aimed at rehabilitation.

Despite the existence of standard non-parole periods, judges are required to provide reasons for any departure from these guidelines. This ensures fairness in the sentencing process. Offences and their corresponding standard non-parole periods include:

• Murder – 20 years 

• Cause wounding or grievous bodily harm with intent – 7 years 

• Sexual assault – 7 years 

• Manufacture or production of drugs at commercial quantity – 15 years.

It is also important to note that certain circumstances may exempt you from the standard non-parole period such as: 

• Being under the age of 18

• Offences dealt with in the Local Court 

• Offences involving attempts to commit a crime 

For a detailed list of offences subject to standard non-parole periods, refer to Division 1A of Part 4 of the Crimes (Sentencing and Procedure) Act 1999 (NSW). 

Learn more about other penalties

If you’d like to learn more about other penalties, we’ve provided a list below which will help give you a comprehensive overview of each penalty:

• Section 10 Dismissals

• Community Correction Orders

• Conditional Release Orders

• Intensive Corrections Order

• Fines