Modern diversion or colonial hangover? The history and development of suspended sentences in South Australia

Abstract

Suspended sentences, although controversial, are used in most jurisdictions across Australia in some form, with most states and territories having introduced this sentencing option in the 1980s and 1990s. However, South Australia's legislation concerning suspended sentences is much older (having been introduced in 1969) and is also based on sentencing legislation that existed in the Victorian and Edwardian eras. This article will argue that because the legislation concerning suspended sentences in South Australia is much older (and based on even older legislation), the way that this sentencing option operates is much different from other Australian jurisdictions. Based on Victorian probation legislation, suspended sentences have a flexibility in South Australia, which has meant that other forms of alternative sentencing (such as community orders and home detention) are not used in the State.