What is Full-time Imprisonment?
Full-time detention is a form of imprisonment and a sentencing option available to the court.
Before a sentence of full-time detention is imposed the court must find a sentence of imprisonment is appropriate. Imprisonment is to be used only after the court is satisfied, having considered all other alternatives, that no other penalty is appropriate.
The first step for the court to determine is whether there are any alternatives to a term of imprisonment. If there are not, a term of imprisonment will be imposed. The second step for the court is to determine the length of the sentence. Once the term is determined, the court considers if there are any alternatives to full-time imprisonment which can and should be used. This includes suspended sentences, home detention, and Intensive Corrections Orders. If the court is satisfied that none of the alternatives should be used, the defendant will be ordered to serve his or her sentence of imprisonment by full-time detention.
Section 17A of the Crimes Act 1914 (Cth) states that a sentence of imprisonment can be imposed in respect of a person convicted of a federal offence.