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Western Australian judges ordered to cease sentence reductions tied to prison overcrowding

Three senior judges in Western Australia ruled that judges should no longer lower sentences because of overcrowded and deteriorating prison conditions.

Western Australia's Court of Appeal issued a directive telling judges to discontinue granting reduced sentences on the basis of prison overcrowding and related problems. The ruling does not imply approval of the conditions, which a recent prisons watchdog report labeled as cruel, inhumane, or degrading in three facilities. The judges highlighted that while most cases should no longer consider these factors, exceptions could remain for prisoners with specific vulnerabilities such as age, disability, or mental health issues.

Government officials, including the corrective services minister, announced a budget allocation exceeding $300 million to expand capacity and provide rehabilitative activities. Legal academics emphasized that improving services, rather than tolerating poor conditions, is essential for reducing recidivism. Opposition figures warned the state must act swiftly to address the systemic failures highlighted by the courts.

Why it matters

The ruling could change sentencing practices and pressure the government to improve prison conditions.

In this story

sentence reductionsprison overcrowdinginhumane conditionscourt of appealcorrective servicesbudget investmentrehabilitation programslegal precedent
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