Principles of Punishment, Legislation, Professional Practice-Communication and Strategies, Accountability, Sentence and Prison Management, Behavioral Theory, PP2

Principles of punishment
1. During mid-19th century, imprisonment was deemed as the best mode of punishment to
replace punishment for most capital offences except murder.
2. Coercive purpose is the most recent aim of prisons.
3. The theory of panopticon as developed by Jeremy Bentham has two words; Pan meaning
inmates and opticon meaning being observed. The above theory refers to an institutional
building that is a penitentiary type of a place whereby inmates are being observed by a
single watchman. The inmates though remain unaware of the fact that they not heavily
guarded. The inmates’ lack of knowledge that they are being manned by few individuals
will cause them to act in a way that they are strictly guarded yet they are not.
4.
a) Eight principles of punishment includes;
i. Must be punitive in nature through use of unpleasant painful consequences that
will befall the offender.
ii. Punishment must be initiated for an offence against the law.
iii. Must be administered on the offender by an authorized criminal justice system
iv. Must be directed to the actual offender for purposes of hearing out his defence
v. Punishment must be intentional and should be administered by a human being.
vi. It must deter offenders from committing more crime
vii. It must incapacitate the offender’s normal freedom and liberty
viii. It must send a warning to the community that the legal system will not tolerate
such offence again.
b) The one of the principles of modern rehabilitation has influenced the contents on
Victorian legislations on criminal justice system in various ways; for instance, the
Corrections Act 1986 and Sentencing Act 1991 aims at provides for offender
welfares through offender management framework, community correctional order
program which is rehabilitation supervised outside prisons for low risk offenders
to ensure they do not reoffend, sentence management in prison system among
other correctional services.

Legislation
5. Section 19 of the Corrections Act 1986 will be relevant to a prison officer when
exercising his duties. The section states that prison officers and other officers working in
the prison are subject to the directions of the Governor General of the principle for
purpose of ensuring proper security and efficient management of prisons.
6.
a. According to section 4E of the Bail Act, the court may refuse to grant bail where
the release of the accuse may cause an ‘unacceptable risk’ for instance failing to
attend court when required; interfering with evidence through threat of witnesses ,
obstructing justice, reoffending while on bail or causing danger to the safety of
any other person. The term ‘unaccepted risk’ is not defined by the Bail Act hence
the court will consider surrounding circumstances laid out in section 3AAA of the
Bail Act to determine what constitutes an ‘unacceptable risk.’
b. One of the conditions could be an undertaking to attend court. The condition will
further specify the date and time contained in the undertaking which must be
written and signed pursuant to section 5(1A) of the Bail Act 1977. Roger could
also be subjected to conditions stated under section 5(2A) which include reporting
to a police station, geographical exclusions, complying with curfews among
others.
c. The court may impose a fine on an offender alongside a community correction
order as provided under section 43 of the sentencing Act 1991
d. Roger’s crime is a level 11 charge attracting a maximum fine of 5 penalty units as
provided by the table under section 109(2) of the Sentencing Act 1991
e. Community Corrections orders (CCOs) are provided for and discussed under part
3A of the Sentencing Act 1991
f. The following are the conditions applicable to all CCOs as stated by section45(1)
(a-f) of the Sentencing Act 1991
I. The offender under CCO must not commit an offence punishable by
imprisonment whether within or outside Victoria.
II. Strict compliance of the offender to any requirements or obligations
provided for by regulations.

III. Mandatory reporting of the offender to the secretary and impromptu visits
from the secretary during the period of the CCO.
IV. Mandatory report of the offender to the community corrections center
within 2 working days upon the order commencing to operate or coming
into force.
V. If the offender changes the address or employment he must ensure he
notifies the secretary within two working days.
VI. The offender will only leave Victoria upon being given permission by the
secretary. It could be a general permission or permission relating to a
specific issue.
VII. Offender must observe strict compliance of any order issued by the
secretary to ensure that the offender complies with the CCO.
7. The maximum period that can be imposed by a court on a CCO is 5years which is in
respect of 3 offences or more under CCOs ordered by a magistrate court or more than one
offence for under CCOs given by the Supreme Court. The periods for CCOs vary with
number of offences as provided for under section 38 of the Sentencing Act 1991
8. Roger will be convicted since it is an offence to breach a CCO and the penalty is an
imprisonment of 3 months or a fine of up to $4,550.10. For those who have breached the
conditions of CCO and committed another offence, they will also be convicted for that
particular offence in accordance with the Sentencing Act 1991 and if the offence
committed if punishable by imprisonment they will be imprisoned for such a term as
required by law depending on the offence committed.
9. Pursuant to section 47 of the Sentencing Act 1991, the court may attach additional
conditions which may aid in transformation and rehabilitation of the life of the offender.
For instance in the case scenario of Roger the court may on top of anger management
require the offender to be subjected to drug treatment to remove addiction or require the
offer to spend up to 20 hours a week doing community service so as to bond well with
the community. The court may also issue an order restricting the offender from visiting
certain places which might worsen up his condition.
10. The advantage of home detention was to facilitate the court grant a post-sentence or a
pre-release period to the accused. The accused though has to make an official application