There are nine main different types of sentence that a judge of a criminal trial will be able to use:- they are compensation or restitution, imprisonment, probation, community services, home detention, fines and rehabilitation.
It can be argued that the current sentencing law of Penalties and Sentencing Act 1992 (QLD) is working effectively to provide judges with appropriate options as to sentencing. In general it does a good job of ensuring the rules regarding sentencing are clearly set out and able to be followed. However some stakeholders within the judicial system of QLD feel that it needs to be improved by legislative amendment in certain areas. .
It can be aruged that the judges should be harsher in their sentencing, to teach criminals a lesson. this harsh style of punishment is known as retribution and the members of the community feel it is the only way to get the message through that crime is not the way. Retribution means punishing the criminal to an extent, which reflects the crime that the convicted person committed. The idea of retribution is to make the offender suffer for the harm he or she has caused. This principle goes back a long way. In th Old Testament it talks about 'an eye for an eye and a tooth for a tooth'. In the Present judicial system there is no possibility that the offender will receive the same harsh treatment as he or she in biblical time has met out, but the system can be aruged and operate on the principle that all offenders should get what they deserve. For example:- When a judge sentences someone to jail for life, they are really receiving only 25 years. According to the principles of thruth in sentencing, life imprisonment should mean imprisonment until you die. Judges should be encouraged to use truth in sentencing.
Another important idea that influences judges with respect to sentencing options is rehabilitation. Rehabilitation is to provide conditions in the courts order that the court considers will help the offender to be rebabilitated.