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Why does NSW have a higher imprisonment rate than Victoria?
The NSW imprisonment rate is about twice that of Victoria: this bulletin examines the influence of sentencing practice and other factors on the difference between NSW and Victoria in their imprisonment rates.
The NSW imprisonment rate is about twice that of Victoria (204 per 100,000 population vs. 104 per 100,000 population) (Australian Bureau of Statistics, 2009a). This fact is widely believed to indicate that sentencing policy and practice in NSW is much harsher than in Victoria. A higher imprisonment rate, however, does not necessarily indicate tougher sentencing. The difference between the two states in their imprisonment rates may, for example, arise from differences in the rate of arrest for serious crime, differences in their bail laws or differences in their parole policies.
Aim: To examine the influence of sentencing practice and other factors on the difference between NSW and Victoria in their imprisonment rates.
Method: Descriptive analysis of national crime, court and prison data.
Results: The NSW court appearance rate is 26 per cent higher than that in Victoria. The overall conviction rate in NSW is 85.7 per cent, compared with 79.0 per cent in Victoria. The overall percentage imprisoned is significantly higher in NSW (7.5%) than in Victoria (5.4%). The mean expected time to serve among prisoners dealt with by Victorian courts is slightly longer than the mean expected time to serve among prisoners dealt with by NSW courts. The NSW remand rate is approximately 2.5 times the Victorian remand rate.
Conclusion: The higher NSW imprisonment rate is attributable to a higher rate of court appearance, a slightly higher conviction rate, a higher likelihood of imprisonment and a higher likelihood of remand in custody.
