Penal diversity, penality and community sanctions in Australia

Abstract

This article explores Australian penal diversity, through the lens of community sanctions. We first examine what is meant by ‘community sanctions’ and suggest that the problem of definition provides one of the reasons for the dearth of comparative studies on their use, compared with prison studies. The article then examines the concept of punitiveness, ‘penal reach’ or ‘penal load’. This is followed by examination of the use of community corrections (CC) in Australia and differences between jurisdictions and over time. We consider the relationship between imprisonment and CC rates and attempt to explain these differences. Our analysis suggests there is a need to expand the notion of punitiveness, to include non-custodial sanctions. Further exploration of Australia's trends in the use of CC and interjurisdictional variation is required. However, we suggest that becoming less fixated on imprisonment, as the primary measure of punitiveness, and instead understanding how the various community sanctions operate – not as alternatives to imprisonment, but as independent sanctions appropriate to a wide range of less serious offences – may enable us to better understand the true penal impact of a jurisdiction's criminal justice system and consequently craft more effective and appropriate penal policies.