Periodic detention

On 4 June 2007, the Attorney General asked us to evaluate the advantages and disadvantages of periodic detention when compared with other sentencing options, whether the scheme should be modified or replaced with an alternative sentencing option, and whether the scheme was compatible with reducing re-offending.

Report

We transmitted our Report: Review of Periodic Detention (PDF, 1.2 MB) to the Attorney General in December 2007.

Some of our recommendations were adopted by Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 (NSW)

Terms of reference

The Attorney General asked us to undertake a review of periodic detention, in accordance with the following terms of reference (issued on 4 June 2007) and paying particular regard to the NSW State Plan Priority R2: Reducing re-offending: 

a. The extent to which periodic detention is used as a sentencing option throughout the State, and the appropriateness and consistency of such use;

b. The nature of the offences for which periodic detention orders are most commonly made;

c. The method of enforcement of periodic detention orders, and the appropriateness of such enforcement;

d. The advantages and disadvantages of periodic detention orders in comparison with other sentencing options; 

e. Whether there are better alternatives to periodic detention orders;

f. Any modifications which may be made to periodic detention, including combination with other community-based orders; and

g. The different arrangements for state and federal offenders under periodic detention orders.