Sentencing powers

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Following conviction, the criminal courts must consider the appropriate sentence to impose on the offender.

The sentencing courts, when sentencing an offender aged 18 or over, must, by virtue of section 57 of the Sentencing Act 2020 (SA 2020), consider the following five purposes when imposing the sentence:

  1. •

    the punishment of offenders

  2. •

    the reduction in crime (including its reduction by deterrence)

  3. •

    the reform and rehabilitation of offenders

  4. •

    the protection of the public, and

  5. •

    the making of reparation by offenders to persons affected by their offences

When embarking on the sentencing process, the sentencing court should consider which of these five purposes it is seeking to achieve through the sentence that is imposed. More than one purpose might be relevant and the importance of each must be weighed against the particular offence and offender characteristics when determining sentence.

Sentencing procedure

The SA 2020 came into force on 1 December 2020, creating the Sentencing Code.

The Sentencing Code is the name given to SA 2020, Pts 2–13 which together comprise the consolidated rules of procedure for the sentencing of criminal

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