When discussing the justice system, one of the most common questions Australians have “How long is a life sentence?” The term itself may seem straightforward, but its meaning varies depending on the crime committed, the specific circumstances, and the laws of each Australian state or territory. In this article, we will discuss the meaning of life sentences for offenders and the society in Australia, its execution and the implications.
What is a life sentence?
A life sentence is the harshest penalty that can be delivered in the Australian legal system, according to Wynne. It is used only for grave offences including murder, rape, armed robbery, and major drug indicts. The term “life sentence” literally means that an offender is supposed to spend the rest of his existence behind a justice system. However, this does mean that they will serve their time in prison their whole life.
How long is a life sentence in practice?
In Australia, the actual time an offender serves in prison under a life sentence depends on several factors:
1. Minimum non-parole period
Whenever a person is given a life sentence then the presiding Judge or Magistrate will determine a non-parole period. This tells the time within which an offender must serve before they can apply for removal to a place in the community. The length of such a period differs from one offence to another and from one region to another.
For example:
- If a prisoner is convicted of life imprisonment in New South Wales (NSW), the non-nap period can range from 20 to 30 years depending on the nature of the crime committed.
- In Queensland, life imprisonment is mandatory in some cases, with non-parole periods starting at 20 years and extending up to 30 years, especially for offences such as the murder of a police officer.
2. Whole life orders
There is also the dangerous and rare whole life order under which anyone convicted of the offence in question is never released from prison. They will most likely be imprisoned for the rest of their lives. Whole life orders are a relatively recent phenomenon and are generally only applied to the worst type of offenders, those who commit appalling crimes like serial killings or terrorism.
3. Parole decisions
As it will be seen, even after an offender has served the non-parole period, he or she is not released immediately. Parolees must write an application that asks for consideration of their release by the parole board, behaviour in prison progress made in the rehabilitation programme and threats posed to society. In case an offender is paroled, they are freed but not allowed to go free for the rest of their natural life.
Crimes that can lead to life imprisonment
Lack of parole for life sentences again in Australia is oriented to punishment, as life imprisonment is a punishment that is administered to offenders for offending society’s worst crimes. These include:
- Murder: Mandatory life is usually given where the crime is one of premeditated or aggravated murder.
- Terrorism: Terrorism offences that lead to loss of human lives or physical injuries can attract life imprisonment.
- Drug trafficking: As mentioned earlier other serious drug trafficking offences may also lead to life imprisonment depending on the decision made in Queensland or Western Australia.
- Sexual offences against children: Most severe cases of child abuse are punishable by life imprisonment.
The effects of life sentences on families and communities
Life sentences serve multiple purposes within the justice system:
Justice for victims: Normally, they satisfy the victims and families, because the latter know that the offender suffered as they did themselves.
Deterrence: Severe punishment is used to other people from committing the same crime.
Community protection: Fully paid tariffs free society from such undesirable characters to prevent them from repeating their heinous acts.
However, as with any prison sentence, life also has a secondary effect on relatives of the perpetrator, who will have to experience the social unpleasantness and psychological burden of having their closest one detained forever.
Life sentences across Australian states
Australia’s states and territories have slightly different approaches to life sentences:
- NSW: Should include life sentence for certain crimes which include the murder of a police officer.
- Victoria: Imprisonment for life for murder, and a minimum period of 25 years before a person can be released on parole.
- Queensland: Attempted murder: a maximum of life imprisonment, with a minimum non-parole period of 5 years; for aggravate, the minimum category includes a non-parole period of 10 years.
- Tasmania and Northern Territory: Similar guidelines to the above but the parole eligibility period is called the non-parole period and the courts determine it.
Conclusion
In Australia, a life sentence remains a sophisticated legal measure raising important issues concerning offenders, victims and the public in general. Though it does technically extend for the life of the offender, the actual time spent in prison can vary depending on the crime’s seriousness, minimum non-parole period, and parole. Whole life orders guarantee that the most heinous criminal does not re-offend again and assure the public that justice has been done for the victims.
By knowing how those life sentences are conducted, Australians will see how justice, reform and protection of society are achieved in the legal systems. For some, life sentences are successful methods, for others, it is subject to change, but they remain the central key to society’s safety when it comes to serial offences.
