District Court president rejects claim judges are too quick to send people to jail

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Judge Paul Kelly reacts to allegations in new report of an ‘over reliance’ on custodial options

Launching the report on Friday, Judge Kelly praised the work of the IPRT and said he is “personally a big fan” of non-custodial alternatives for offenders. However, he took issue with “some of the assumptions on which the report is premised.”

He listed the alternatives which are typically imposed before a prison sentence is handed down: “Charitable donations, bindings to the peace, probation bonds and supervision, fines, community service, suspended sentences and restorative justice. The woman often reoffended on her way home from court after receiving a non-custodial sentence, he said. On one occasion Judge Kelly told the woman she was in court more than he was.

Molly Joyce, acting IPRT executive director, said in 2021, 79 per cent of all prison committals were for 12 months or less “which gives us strong indication that we do keep sending people on short sentences into prison”.

 

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