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This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
In the Northern Territory, courts have the power to impose an indefinite sentence of imprisonment on a person who has been found guilty of certain categories of violent offence. Indefinite sentences must only be imposed where the court considers a person to be a serious danger to the community. This article deals with indefinite sentences in the NT.
Offences that can attract indefinite sentences
NT courts can impose indefinite sentences in relation to offences that involve actual violence or the attempted use of violence and that carry a maximum sentence of imprisonment for life. Examples of offences that fall into this category are murder, manslaughter and aggravated robbery.
Courts may only do so if satisfied that the offender is a danger to the community because of:
- Their antecedents, health, mental condition, age or character;
- The severity of the violent offence;
- Any special circumstances.
The court must consider the following matters in determining whether a person is a serious danger to the community:
- Whether the offence is exceptional in nature;
- The person’s age, antecedents and character;
- Any medical, psychiatric, custodial or other report in relation to the person;
- The risk of serious physical harm to community members if an indefinite sentence were not imposed and the need to protect the community from that risk.
Court process
An indefinite sentence is imposed on application by the prosecution. The prosecution bears the onus of proving that the offender is a serious risk to the community.
A court may find that a person is a serious danger to the community only if there is acceptable and cogent evidence and it is satisfied to a high degree of probability (section 71).
Reviews
When a court imposes an indefinite sentence, it must also specify a nominal sentence. This is the term of imprisonment that would have been imposed had the indefinite sentence not been imposed. When the offender has served half of their nominal sentence (or, if their nominal sentence is for life, when they have served 13 years), the court must start reviewing the indefinite sentence every two years.
After the court has completed its first review, an offender may also apply to the court for a review on the grounds that there are exceptional circumstances.
Discharge of indefinite sentences
When the court reviews an indefinite sentence, it must discharge it unless satisfied that the offender still poses a serious danger to the community. If this occurs, the court must impose a sentence for the offence that is not less than the nominal sentence.
Appeals
If the court does not discharge an indefinite sentence when it is reviewed, the offender can appeal against this decision to the Court of Appeal. The Court of Appeal can discharge the indefinite sentence or confirm it.
Reintegration program
A person who has had their indefinite sentence discharged and been resentenced can apply to be released into a reintegration program designed to assist them to reintegrate into the community. Such a program may include education, training or other activities and must be for a duration of at least five years.
NT prisons
The main prison in the Northern Territory is Darwin Correctional Centre, which is located on Willard Road, Holtze, about 30 kilometres east of Darwin. The prison houses men and women who have been sentenced to imprisonment or remanded in custody and has a capacity of 1048.
The prison is not serviced by public transport. However, the Salvation Army runs a shuttle bus service so that family members without private transport can get to the prison for visits.
There are two juvenile detention centres in the NT. These are Don Dale Youth Detention Centre in Berrimah and the Alice Springs Juvenile Holding Centre in Alice Springs. These centres house young people between the ages of 10 and 17 who have been sentenced to detention or remanded in custody.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
faqs: - question: 'What happens during the mandatory review process for indefinite sentences in the NT?' answer: 'The court must review indefinite sentences every two years once the offender has served half their nominal sentence (or 13 years for life sentences). During reviews, the court assesses whether the person remains a serious danger to the community. The court examines updated medical, psychiatric and other reports, along with the offender''s conduct and circumstances since sentencing, to determine if continued indefinite detention is warranted.' - question: 'What standard of proof must NT courts apply when considering indefinite sentences?' answer: 'NT courts must be satisfied to a high degree of probability that an offender is a serious danger to the community before imposing an indefinite sentence. This requires acceptable and cogent evidence under section 71. The prosecution bears the burden of proving this serious risk. This standard is higher than the usual criminal standard and reflects the gravity of imposing indefinite detention on an individual.' - question: 'How much does legal representation cost for indefinite sentence proceedings in the NT?' answer: 'Go To Court Lawyers offers a fixed $295 consultation fee to discuss your indefinite sentence case. Given the serious nature of these proceedings and their life-altering consequences, professional legal representation is essential. Our experienced criminal lawyers can assess the prosecution''s evidence, challenge their application, and develop the strongest possible defence strategy to protect your liberty and future prospects.' - question: 'How can a criminal lawyer help defend against an indefinite sentence application in the NT?' answer: 'A criminal lawyer can challenge the prosecution''s evidence that you pose a serious community danger, obtain favourable medical and psychiatric reports, and present mitigating factors about your character and circumstances. They''ll scrutinise whether the offence truly meets the criteria for indefinite sentencing, cross-examine prosecution witnesses, and argue for alternative sentencing options that adequately protect the community while preserving your liberty.' - question: 'Are there time limits for applying to review an indefinite sentence in the NT?' answer: 'Mandatory reviews occur automatically every two years once you''ve served half your nominal sentence. However, you can apply for an exceptional circumstances review at any time after the court''s first review. It''s crucial to act promptly when circumstances change favourably, such as successful rehabilitation, medical improvements, or new evidence. Early legal advice maximises your chances of a successful review application.' ---