When a court sentences someone for a crime, you’d usually expect the judge or magistrate to have a fair bit of leeway. They look at the crime’s seriousness, the person’s situation, and then decide on a penalty. That is, of course, the typical situation.

But it’s not the only situation.

Sometimes, the Court has limited discretion. That’s where mandatory sentencing comes in.

Mandatory sentencing is exactly what it sounds like: a sentence that a court must impose for certain offences. These rules are set by Parliament, not the courts, and they effectively take away the judge’s discretion to tailor a sentence to the specific details of a case.

This might mean a minimum prison term, a fixed period of license disqualification, or even life imprisonment for the most serious crimes.

You’ll find these laws in many places, and they’re always a hot topic. Supporters argue they create consistency, deter criminals, and deliver the “tough on crime” approach the community expects. On the other hand, critics say they’re rigid, can lead to unfair outcomes by ignoring mitigating factors, and clog up the courts because people have less reason to plead guilty or plead their personal circumstances.

So, what does this all mean in Queensland?

What is Mandatory Sentencing?

In simple terms, mandatory sentencing is a “one-size-fits-all” approach to punishment. Instead of letting a judge weigh up all the unique factors of a case, the law dictates a specific penalty or a minimum penalty that must be applied when certain criteria are met.

This creates a lot of debate. While it can offer a sense of certainty, it also removes the court’s ability to consider important context. For example, what if the accused has a mild mental health condition, or was acting under duress? If the entered an early guilty plea and were cooperative, that doesn’t factor in.

A mandatory sentence provides at times, a fast, but inflexible, outcome for a given circumstance.

When Does Mandatory Sentencing Apply in Queensland?

Queensland has several situations where mandatory sentences kick in. They aren’t just for the most extreme crimes; you’ll find them across a range of offences.

Mandatory Life Imprisonment

This is the most severe form of mandatory sentencing and is reserved for two main areas:

• Murder: Under Queensland’s Criminal Code, a person found guilty of murder must be sentenced to life in prison. There are also minimum non-parole periods, such as 30 years for multiple murders or 25 years if the victim was a police officer.

• Repeat Serious Child Sex Offences: An adult who has a prior conviction for a serious child sex offence and is convicted of another one will face a mandatory life sentence.

Serious Violent Offences (SVO) Scheme

This is a big one. The SVO scheme requires offenders to serve a larger portion of their prison sentence before they can apply for parole. Specifically, they must serve 80% of their sentence or 15 years, whichever is less.

This scheme automatically applies if someone is convicted of a “serious violent offence” (like manslaughter, rape, torture, or armed robbery) and is sentenced to 10 years or more in prison.

If the sentence is between five and 10 years, a judge has the discretion to make an SVO declaration, but they don’t have to. These offences are listed in a schedule and include violent crimes, sexual offences, and serious drug trafficking charges.

Mandatory Community Service

Not all mandatory sentences involve jail time. If someone is convicted of certain offences like assault, wounding, or grievous bodily harm while intoxicated in public, the court must order them to perform community service.

This was introduced as part of the “Safe Night Out” legislation to tackle alcohol and drug related violence. The judge can decide on the number of hours, but the community service order itself is compulsory.

Mandatory Driver Licence Disqualification

This is probably the most common type of mandatory sentence people encounter. If you’re convicted of certain traffic offences, like drink driving, drug driving, or dangerous driving, the law requires the court to disqualify you from driving for a minimum period. The magistrate can impose a longer disqualification, but they cannot go below the minimum regardless of any legitimate reason you provide.

A Practical Example

Let’s make this a bit more real. Imagine two people are convicted of grievous bodily harm after a pub fight.

Scenario A: The offender, let’s call him Tom, has a clean record and shows genuine remorse. The fight was a one-off mistake. Without mandatory sentencing, a judge might consider a non-custodial sentence, like a probation order, given his background.

Scenario B: Now, imagine the same offence was committed while Tom was heavily intoxicated in a public place. Because of Queensland’s mandatory sentencing laws for alcohol-fuelled violence, the judge must sentence him to a community service order.

This example shows how mandatory sentencing can create a very different outcome, even when the underlying facts of the offence are similar. It focuses on a single factor (in this case, intoxication) and dictates the penalty, regardless of other personal circumstances.

So, Where Does That Leave Us?

Mandatory sentencing laws in Queensland are complex and can have a significant impact on the outcome of a criminal case. They represent a clear move by Parliament to enforce stricter penalties for certain offences, but they do so at the cost of judicial discretion.

Beyond outcomes, being accused of an offence that carries a mandatory sentence might also significantly change the strategy you use with your criminal lawyers in defending the allegations or possible negotiations on your behalf that may take place prior to any sentence.

The rules are always evolving, and court decisions can change how these laws are applied. This makes it incredibly important to get the right legal advice if you’re facing charges where a mandatory sentence might apply. An experienced lawyer can navigate the complexities of these laws and ensure your case is presented in the best possible light.